In order to protect the rights of the adjoining owner, the Act requires that appropriate Notices be served on him or her prior to commencement of the work. If the adjoining owner is unhappy with the proposals, he/she then has the right to appoint a surveyor to safeguard his or her interests, whose fees under most normal circumstances will be met by the developer.

A legally binding Award is then produced defining exactly the extent of the permitted works and dealing with matters such as working hours, the procedure to be followed in the event of damage to the adjoining owner’s premises, etc.