The short answer
Building a wall wholly on your own land up to the boundary usually requires notice but not the neighbour’s consent. Building a wall astride the boundary does require the neighbour’s express consent. Getting that distinction right at the start avoids delay, cost and unnecessary dispute.
Why it matters
The legal consequences differ. If section 1 applies, serve a line of junction notice at least one month before starting, describing the proposed wall — drawings help show whether it is up to, or astride, the boundary. The adjoining owner may consent to an astride wall, refuse it (in which case you build wholly on your own land), or raise concerns dealt with by explanation, design change or surveyor appointment. A refusal of consent to an astride wall does not normally stop you building wholly on your own land, provided other legal requirements are met.
What to do now
- Decide at design stage whether the wall is up to, or astride, the boundary.
- Speak to the neighbour and show drawings before serving.
- Serve the correct line of junction notice at least one month ahead.
- Keep copies of the notice, proof of service, drawings, the response and any access or protection agreement.
- Appoint surveyors, ideally one agreed surveyor, if a dispute arises.
Common mistakes
- Confusing a wall “up to” the boundary with one “astride” it.
- Assuming a neighbour’s refusal blocks a wall built wholly on your own land.
- Building astride the boundary without written consent.
- Keeping poor records of service and responses.
When to call Coburns
If you are building near the boundary, send us your plans and we will confirm whether you need consent or only notice, and serve the right notice at the right time.