Security for expenses: when a neighbour asks for money up front

Security for expenses is a sum the building owner sets aside before starting work, to protect the neighbour if the project goes wrong or is left unfinished.

Who can ask for it

An adjoining owner can ask the building owner to provide security before starting work under the Act. The surveyors decide whether security is justified and, if so, how much and how it is held.

When it is usually requested

  • Basements and deep excavations
  • Major work to an old party wall, such as rebuilding or underpinning
  • Projects where the building owner's finances or builder are a concern
  • Where the property is owned by a company or developer

It is rarely requested for a typical loft conversion or extension.

How much

There is no fixed figure. The surveyors consider the cost of making the neighbour's property safe and weathertight if the work were abandoned, and of putting right likely damage.

How it is held

Usually in an escrow or stakeholder account, often with a solicitor or the surveyors, under terms set out in the award. It is released once the work is finished and any damage is resolved.

The reverse case

Where a neighbour has asked for extra work through a counter notice, the building owner can in turn ask the neighbour for security for that extra work.

Where this comes from in the Act

Links go to the official text of the Party Wall etc. Act 1996 on legislation.gov.uk.

Planning work next to a neighbour?

Ivan Larkin can confirm which notices your project needs, prepare and serve them, and deal with your neighbour's surveyor. Fixed fees, agreed in writing first.

Call 07477 207993Send an enquiry