Scope of Neighbourly Matters
RICS Professional Statement 'Neighbourly Matters' (2024) covers four areas: (1) Party Wall etc. Act 1996 — works on/near party walls, party fence walls, excavation near neighbour structures; (2) Right to Light — common-law right to receive sufficient light through windows; (3) Access to Neighbouring Land Act 1992 — court order to access neighbour land for essential maintenance; (4) Boundary disputes — boundary line determination, encroachment, fence ownership. Builderr's residential projects most commonly engage Party Wall Act + occasionally Right to Light.
Party Wall Act 1996 process
Triggers: (1) works on existing party wall (Section 2 — repair, raise, cut into); (2) building astride or adjacent to boundary line (Section 1 — new building); (3) excavation within 3m of neighbour structure to depth lower than foundations (Section 6(1)); (4) excavation within 6m + within 45° plane from neighbour foundation (Section 6(2)). Notice period: 2 months for Section 2 + Section 1; 1 month for Section 6. Notice must include: description of works, plans, start date. Neighbour responses: consent (in writing) — no surveyor needed; dissent — appoint surveyors (one each, or single agreed surveyor) who agree Party Wall Award setting working hours, protection, photographic schedule of condition, programme; non-response — dissent assumed after 14 days. Surveyor fees typically paid by building owner: £450–£950 per neighbour single-surveyor route; £1,850–£3,850 each side for separate surveyors. Award legally binding subject to appeal to County Court within 14 days.
Right to Light + Access to Neighbouring Land
Right to Light: common-law right under Prescription Act 1832 — 20+ years uninterrupted enjoyment of light through window creates prescriptive right. New development materially diminishing light = actionable nuisance. Surveyor measures pre + post light levels (NSL test + 0.2% sky factor test). Compensation typical settlement £5,000–£185,000+ depending on impact + property value. Some boroughs (Westminster, K&C, City) high right-to-light claim density — pre-purchase check recommended. Access to Neighbouring Land Act 1992: court order obtainable to access neighbour land for essential maintenance to your property — typically scaffolding, gutter access, foundation repair. Application fee £308; court order conditions include access dates + reinstatement + compensation. Most cases resolved by negotiation without court order.
