These works usually trigger the Act — building at the boundary, working on an existing party wall, and excavating close to a neighbour’s building. The guide below is a rough starting point, so please check with us before serving a notice or starting work.
If your work matches any one of these, the Act is engaged.
You’re putting up a new wall on or right up to the boundary with next door, where there’s currently no building — or only a boundary wall.
You’re working directly on the shared wall or structure itself — cutting into it, changing its height, or altering how it performs.
You’re digging close to a neighbouring building or structure, deep enough to affect the ground supporting it.
A wall astride the boundary that forms part of a building — or a wall standing on one owner’s land that both owners use to separate their buildings.
A freestanding wall astride the boundary that isn’t part of a building, such as a masonry garden wall. Ordinary timber fences don’t count.
The same idea applied to floors and partitions separating flats or units that are in different ownership.
Not just the freeholder next door. It also covers leaseholders whose lease exceeds one year, anyone under contract to buy the property, and anyone entitled to receive rent from it.
Plenty of work is simply out of scope.
01 Are you building a new wall on, or right up to, the boundary with a neighbouring property?
02 Are you working directly on a wall or structure you share with a neighbour?
03 Are you excavating within 3 metres of a neighbouring building or structure?
If your situation doesn’t fit neatly into these categories, talk to a surveyor. We’ll tell you straight whether the Act is engaged.