Your Rights as a Neighbour Under the Party Wall Act — What the Law Actually Protects

When a neighbour starts planning building work, it’s normal to worry about noise, damage or how the work might affect your home.

The Party Wall etc. Act 1996 exists to give you protection — and it’s much stronger than many people realise.

Here’s what the law actually gives you as an adjoining owner:

You have the right to receive proper notice

Your neighbour must serve a valid Party Wall Notice before any qualifying works start. If it doesn’t meet the requirements set out in the Act (listed clearly on legislation.gov.uk), you’re entitled to challenge it.

You have the right to appoint your own surveyor

You don’t have to accept their chosen surveyor. You can appoint your own, and the building owner normally pays the reasonable fees.

This is emphasised in the GOV.UK Explanatory Booklet: the surveyor’s role is impartial, not biased.

You have the right to a Schedule of Condition

This is your protection. It documents the exact state of your property before works begin.If anything changes afterwards, you have clear evidence.

You have the right to a legally binding Party Wall Award

The Award sets out how the works must be done, including:

• Access arrangements

• Working hours

• Protection measures

• Methods of construction

• What happens if damage occurs

This isn’t optional — it’s part of the legal process, and RICS guidance sets clear professional expectations for how it should be prepared.

You have the right to dispute damage

If any harm is caused to your property, the Act provides a route for the issue to be resolved, repaired or compensated without lengthy conflict.

A lot of neighbours feel they have to “just accept” building works happening next door — but the Act gives you structure, fairness and protection throughout the process. Our role as RICS Chartered Surveyors is to make sure your rights are properly upheld and that the process is handled with accuracy, transparency and professionalism.