Frequently asked questions.

Not always. It depends on whether the work falls within the Act—for example work to a party structure, a new wall at the line of junction, or excavation within the relevant distance and depth. Planning approval alone does not answer this question.

The usual minimum is two months for work to an existing party structure under section 2, and one month for line-of-junction or qualifying excavation notices under sections 1 and 6. Work may start earlier only where the adjoining owner agrees in writing.

For section 2 or section 6 notices, no written response within 14 days means a dispute is deemed to have arisen. The statutory surveyor appointment procedure can then begin. Section 1 has a different consequence for a proposed wall astride the boundary.

Yes. Both owners may concur in appointing one impartial Agreed Surveyor. Alternatively, each owner appoints a surveyor and those two surveyors select a Third Surveyor.

No. An owner who is party to the dispute cannot act as the appointed surveyor under the Act. A suitably experienced independent person should be appointed.

It is the written determination made by the appointed surveyor or surveyors. It commonly records the works, manner and timing, protective measures, access, the schedule of condition and responsibility for fees.

The Act does not expressly require one, but it is usually prudent. A written and photographic record helps distinguish pre-existing defects from damage that may arise during the notified works.

The building owner usually pays reasonable costs arising from works carried out solely for their benefit. Cost responsibility can differ where work benefits both parties or where conduct creates additional expense; the surveyors determine this under the Act.

An adjoining owner cannot use the Act simply to prevent lawful notified work. They can consent or dissent, and surveyors can regulate how and when work proceeds. If required notice was not served, an adjoining owner may seek legal remedies such as an injunction.

Generally no. The Act is not a general mechanism for deciding ownership of land or resolving every boundary dispute. Separate legal or specialist boundary advice may be required.