The short answer
Section 12 allows an adjoining owner to request security for expenses where the building owner exercises rights under the Act, but only for notifiable work that creates a real risk. General building work, planning issues or ordinary inconvenience do not justify it.
Why it matters
Security is most appropriate for higher-risk notifiable works:
- Basement excavation — the clearest example: digging below an existing building, underpinning, deep excavation near a neighbour’s foundations, or works needing temporary support.
- Major loft or roof works — substantial beams into a party wall, raising a party wall, chimney breast removal with structural support, or works exposing the neighbour to weather risk.
- Large or vertical extensions — major foundation excavations, work to party structures, temporary exposure or support, and substantial load changes affecting party structures.
- Demolition and rebuilding — of party fence walls or structures tied into adjoining property, and works needing temporary support or weathering.
- Significant structural alterations — removing load-bearing elements connected to a party structure, altering load paths, or substantial cutting into a party structure.
The question is never the label given to the work, but the risk and potential expense if the building owner fails to complete it properly. Security can help protect against the cost of making the site safe, completing protective works, dealing with damage from incomplete or defective works, and professional fees properly arising.
What to do now
- Request security in writing before the relevant works start.
- Tie the request to a specific high-risk, notifiable element, not the project generally.
- Agree the amount with the surveyors or have them determine it — proportionate and evidence-based.
Common mistakes
- Requesting security for general building work or ordinary inconvenience.
- Focusing on the label of the work rather than the actual risk.
- Failing to make the request in writing before works begin.
When to call Coburns
If you are unsure whether the works next door justify security, send us the scope and we will tell you whether section 12 applies and what it should cover.