Someone is Building Too Close to My Boundary

01

What's Happening?

When someone builds close to your boundary, several legal frameworks come into play depending on the distance, type of work, and whether proper procedures have been followed.

The Party Wall Act 1996

This crucial legislation governs construction work that affects shared walls or happens close to boundaries. It applies in England and Wales when:

• Building directly on the boundary line
• Building astride the boundary line (crossing it)
• Working within 3 metres of a neighbouring building where the new foundations will be deeper than the neighbour's foundations
• Working within 6 metres where new foundations would cut below a 45-degree line drawn from the bottom of your neighbour's foundations

Permitted Development Boundary Rules

Extensions built under permitted development rights have specific distance requirements from boundaries:

• There is no minimum gap: a PD extension can be built right up to the boundary, but if any part of it is within 2 metres of the boundary its eaves can be no higher than 3 metres (GPDO Sch 2 Pt 1 para A.1(i))
• Two-storey rear extensions (up to 3 metres deep and at least 7 metres from the rear boundary, para A.1(h)) involve no neighbour consultation. Only larger single-storey rear extensions under the prior approval scheme do: the council must notify adjoining owners and occupiers and allow at least 21 days for objections (para A.4)
• Side returns and wraparound extensions have complex boundary rules
• Outbuildings cannot be built forward of the principal elevation (usually the front wall) of the original house (Class E para E.1(c))

Planning Permission Requirements

If planning permission was required, the council will have considered boundary relationships as part of their assessment, but this doesn't override Party Wall Act requirements or building regulations.

02

Your Rights Explained

Your rights depend on what type of work is happening and whether proper procedures have been followed.

Party Wall Act Rights

If work falls under the Party Wall Act, your neighbour must serve you formal notice before starting. This notice period is:

• 2 months for party structure notices: work on a shared wall (s3(2)(a))
• 1 month for a new wall on the boundary line (s1(2) and (5)) and for excavations near your foundations (s6(5))

You then have 14 days to respond by either:

• Consenting to the work
• Dissenting and triggering the dispute resolution process

If a dispute arises, you either agree on one surveyor or each appoint your own, and those two select a third (s10(1)). The surveyors settle how work proceeds, what protections are needed, and who pays for what.

You cannot stop legitimate work, but you can ensure it's done properly with adequate protection for your property.

Rights When No Notice Was Given

If work that requires Party Wall notice has started without proper notice being served:

• Ask for work to stop: You can ask in writing for work to stop until notice is served, but only a court injunction can force it to stop
• Injunctive relief: Courts can grant injunctions to halt unauthorised work
• Damages: You may be entitled to compensation for any damage caused
• No retrospective notice: The Party Wall etc. Act 1996 has no procedure for serving notice after the event, so for work already done the routes are an injunction or a damages claim

Building Regulations Protection

All construction work must comply with Building Regulations, regardless of Party Wall Act compliance. This gives you rights regarding:

• Structural safety of excavations
• Proper drainage arrangements
• Fire safety considerations
• Thermal performance affecting party walls

03

What You Can Do

Your response depends on whether work has already started and whether proper procedures were followed.

If You Received Proper Notice

Don't ignore it: You have 14 days to respond to Party Wall notices. For party structure and excavation notices, silence means you are deemed to have dissented and a dispute arises (s5, s6(7)). Surveyors are not appointed automatically: if you then refuse or fail to appoint one within 10 days of a written request, the building owner can appoint one on your behalf (s10(4)).

Consider the proposal carefully: Review drawings and assess potential impacts on your property. Consider whether foundations, drainage, or access arrangements could affect you.

Seek advice if uncertain: Party Wall surveyors can advise on your options and the implications of consenting vs dissenting.

Consent with conditions: You can consent to work while requesting specific conditions about timing, access, or protective measures.

If No Notice Was Given But Should Have Been

Demand work stops: Write formally requesting work ceases until proper Party Wall procedures are followed.

Document everything: Photograph the work progress, measure distances from your boundary, and keep dated records.

Report to Building Control: If Building Regulations approval wasn't obtained, report to your council's Building Control team.

Consider legal advice: For significant unauthorised work, solicitors can advise on injunctive relief and damage claims.

If Work Exceeds Planning Permission

Check approved plans: Download planning permission documents and compare with what's being built.

Report to planning enforcement: Contact the council's planning enforcement team if work differs from approved plans.

Object to the application: If permission is still being sought, our guide on how to object to a planning application explains how to submit effective representations.

Document variations: Photograph and measure any departures from approved designs.

Engage neighbours: Other affected residents may also have concerns about unauthorised variations. If a neighbour's extension is also blocking your light, see our guide on extension blocking my light for additional protections.

06

Understanding Your Realistic Options

It's important to understand what you can and cannot achieve:

You can influence how work happens: Proper procedures, protective measures, agreed schedules, and damage prevention/compensation.

You cannot stop legitimate development: If work has proper permissions and follows correct procedures, you cannot prevent it happening.

Prevention is better than cure: Acting quickly when improper procedures are followed is more effective than trying to address problems after work is complete.

Neighbourly relations matter: Most boundary issues can be resolved through communication and proper procedures rather than adversarial legal action.

07

Moving Forward Constructively

The goal should be ensuring work happens safely and legally while protecting your property interests. This typically involves:

• Ensuring proper legal procedures are followed
• Agreeing protective measures during construction
• Establishing damage monitoring and compensation arrangements
• Maintaining evidence should problems arise later

PlanWatch helps homeowners across the UK navigate these complex boundary situations, ensuring their rights are protected while enabling legitimate development to proceed safely. Understanding both your rights and the developer's legitimate interests is key to reaching practical solutions.

Remember that most boundary work proceeds without major problems when proper procedures are followed. The Party Wall Act exists precisely to provide a framework for resolving these situations fairly, protecting everyone's interests while enabling necessary development.