Expanding your home? Don't forget your neighbours!
Insight
Thinking of adding a balcony or digging out a basement to get more living space? It's a great way to boost your home's value without moving – a huge benefit given the state of the current housing market. Before you start, however, remember that your project could have a significant impact on your neighbours. A little planning and communication can help avoid disputes and keep the peace.
The below aims to serve as a checklist for getting your works done while keeping your neighbours happy.
Planning
Obtaining planning permission is, where applicable, a legal requirement but at its core it reassures your neighbours that you're doing things properly. However, simply getting permission isn't enough. It's a good idea to chat with your neighbours about your plans before you even apply. Showing them your ideas and explaining the process can help them feel more involved and less like they're being kept in the dark. This simple step can prevent misunderstandings and build goodwill from the start.
Minimising nuisance
Construction is messy and loud, and it's bound to cause some nuisance to those living nearby. To make things easier, give your neighbours a heads-up about the work, its scope, and how long you expect it to last. Be transparent about when and how the noise will occur and how it might affect things like parking (for example, if construction vehicles or skips will take up space at any point). Sticking to permitted hours for noisy work is essential. Placing skips or having construction vehicles on your own driveway instead of on the street can also go a long way in showing you're being considerate. A simple note or conversation can make all the difference to your neighbourly relationship. For an in-depth explanation, please see my colleague Tom Dobson's recent article on the current law on nuisance.
Structural integrity and peace of mind
This element is closely linked to the second point on the checklist and is especially relevant for basement projects. Your neighbours will be concerned about the structural integrity of their own homes. If not done correctly, your excavation could weaken their foundations and lead to serious issues like subsidence. Obtaining in-depth surveys of both your land and your neighbours' land is essential to avoiding issues, including any nuisance claims. The proposal to pay the costs of any surveys obtained will also likely put you in good favour. Hiring experienced, qualified contractors isn't just about protecting your own investment; it's about protecting your neighbours' homes as well. Showing your neighbours that you have a reputable team working on your home can give them peace of mind and prevent them from worrying. Bringing in experienced professionals will also provide you with comfort that the works will be completed to a high standard, reducing the risk of any nuisance claims.
The Party Wall Act
If your project involves a shared wall or excavating near a neighbour's foundation, the Party Wall Act 1996 comes into play. You must serve a party wall notice on all affected parties before any work begins. As with planning permission, this isn't just a legal formality; it's a critical tool for preventing disputes. It gives your neighbours a chance to review the plans, raise concerns, and, if needed, appoint a surveyor to ensure their property is protected. Following this process correctly shows respect for your neighbours' property and rights.
Service charges in shared buildings
If you live in a multi-unit building, a new balcony or basement space could change the way service charges are calculated, as they're often based on square footage. This might cause other homeowners to feel that you should pay a higher proportion of the charges. It's important to think about this possibility and discuss it with your building's management or other residents before you start. Addressing this potential issue proactively can save everyone from costly and time-consuming disputes down the line.
Do you have the correct consents?
If you live in a flat or leasehold property, you must obtain the relevant consents from the freeholder before carrying out any works. Ensure that you review your lease carefully to see what consents are required and approach the freeholder early on to start discussions on the right foot. Share any plans with the freeholder, provide them with sufficient information to consider your proposal and invite them to discuss any questions they might have. Being open and transparent from the get-go will show the freeholder that you understand and respect their involvement in the process and will hopefully put you on the path to gaining the consents you need.
By being considerate and communicative throughout your project, you can get the extra space you want without risking your relationship with the people next door. We all know that good neighbours make good friends!
Neighbour and boundary issues: key legal considerations for landowners and developers
Neighbour-related property issues continue to present practical and legal challenges for landowners, developers and homeowners. Our Property Litigation team has produced a series of short articles examining some of the most common areas of dispute, the principles that govern them and the steps that can reduce risk.
This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.
© Farrer & Co LLP, November 2025
