Leo Horsfield Surveying

Leo Horsfield Surveying Building Surveyors & Engineers
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FAQs Building upto a boundary

New building on the boundary line between neighbouring pieces of land (section 1 of the Act)

Can I build up against or astride the boundary line?

If you intend to build a party wall or party fence wall astride or upto the boundary line you must serve notice on your neighbour.

Please note you have noright to build astride the boundary if your neighbour objects; this is trespass. If you wish to build a wall astride a boundary you shouldseek specialist advice.

If you start works building upto the boundary line without having given notice in the proper way the adjoining owners may seek to stop your work through a court injunction or seek other legal redress.

How long in advance do I have to serve the notice?

At least one month before the planned starting date for building the wall.

The notice is valid for one year.

What happens after I serve notice regarding building astride the boundary line?

If the adjoining owner agrees, in writing, within 14 days to the building of a new wall astride the boundary line, the work (as agreed) may go ahead.

Where the benefits and use of the wall will be shared the expense of building the wall may be shared between the owners.

If the adjoining owner does not respond or objects to the proposed new wall astride the boundary line you must build the wall wholly on your own land, and wholly at your own expense.

What happens after I serve notice regarding building up against the boundary line?

You may start work one month after your notice was served.

This work may include footings and foundations that extend under the adjoining owner’s land.  You will be expected to compensate the adjoining owner for any damage to his property caused by the building of the wall.

What happens if there is a disagreement with my neighbour?

If there is a disagreement about any work, including compensation, the dispute can be settled under the act.

What about access to neighbouring property?

The adjoining occupier must when necessary provide access to build the structure.

You must give the adjoining owner and occupier notice of your intention to exercise these rights of entry.

 
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