Party wall agreement explained

When do you need a party wall notice or party wall agreement (technically called a party wall award)? Our guide gives you all the answers you need to obtain the correct permissions to carry out your building works and how to find a party wall surveyor.

What is a party wall agreement?

A party wall agreement is a document that’s drawn up to show that your neighbours have agreed to building work you want to do on or near a party wall. This agreement will be drawn up after you’ve informed your neighbours of what you plan to do in a party wall notice, which is a legal requirement.

A party wall agreement should include details on how the building works will be carried out, including acceptable working hours, how the party wall will be accessed and any other necessary agreements relating to the work.

Your party wall agreement should also include evidence of what state the adjoining properties were in before you start works. This is known as a ‘schedule of condition’ and acts as a record in case there are disputes in the future about how your building work affected your neighbour’s property.

Find local chartered surveyors to discuss your party wall requirements.

What are party walls?

Party walls are shared walls that separate adjoining properties, typically in a semi-detached or terraced house. Party walls can also be garden walls built over or along a boundary.

The Party Wall Act

The Party Wall Act 1996 was devised to prevent building work that could compromise the structural integrity of any shared wall of adjoining properties. The Party Wall Act applies to houses in England and Wales. It doesn’t apply in Scotland or Northern Ireland.

When do I need a party wall agreement?

You will need a party wall agreement if you’re:

• Building along the boundary between the two properties.
• Planning works on an existing party wall or party structure.
• You’re planning excavations close to a neighbour’s property – read on for more on this.

In the home, party wall agreements are most commonly needed for building works that involve loft conversions, the insertion of damp proof courses and the digging of new foundations (as would be required in building an extension).

What’s the Party Wall Act 3 metre rule?

Under The Party Wall Act 1996, you must formally notify any adjoining owners if you plan to excavate for a new building within:

• 3 metres of any part of a neighbouring building where any part of the work would go deeper than the neighbour’s foundations, or
• 6 metres of any part of a neighbouring owner’s building where any part of the work will meet a line drawn downwards at 45 degrees in the direction of the excavation from the bottom of the neighbour’s foundation.

Which jobs do not require a party wall agreement?

Minor works on the party wall such as plastering, electrical work or drilling of internal walls to fit kitchen units or shelving, for example, do not require a party wall agreement.

How to get permission for party wall building works

Before party wall building works can start, the homeowner (Building Owner) needs a written party wall agreement from all affected neighbours (Adjoining Owners).

Or a party wall surveyor has to be appointed to prepare a Party Wall Award (the agreed document outlining how the works should progress) and the schedule of condition.

To start this process, the homeowner has to serve a Party Wall Notice on their neighbours, in writing, about the planned party wall works.

Find local chartered surveyors to discuss your party wall requirements.

What is a party wall notice?

A party wall notice is a letter that informs the owner of an adjoining property of your intention to carry out building work on a party wall.

Serving a party wall notice

Serving a party wall notice can be done for free, using appropriate standard forms (read on to find a free party wall notice template) or by a party wall surveyor for a flat fee. A letter of acknowledgement for the neighbour to complete and return is usually included.

The party wall notice period

The party wall notice period is 2 months for building works which affect a party wall or boundary. This period allows neighbours to respond or raise any concerns about the proposed work. It’s crucial to plan ahead to accommodate this notice period in your project timeline. For excavation work or building a new wall at the boundary line, the notice period is one month.

Planning permission is not needed to serve a party wall notice and once notice has been served, the homeowner has up to a year to start work, so you can serve your party wall notice well before building work is scheduled to start.

Party wall notice templates

What happens once my neighbour receives my party wall notice?

Once a party wall notice is served, a neighbour has fourteen days to respond, after which, there are two possible outcomes:

• The neighbour gives assent in writing providing the homeowner will put right any problem.
• The neighbour dissents (or if they do not NOT reply within 14 days , in which case, they are assumed to have dissented), and they want to have a surveyor prepare a Party Wall Award.

It is important that you set out all the options for your neighbour in the notice.

What’s the process if my neighbour gives assent?

In such straightforward cases where your neighbour gives assent, there is no need to appoint a party wall surveyor or have a Party Wall Award. The homeowner should take dated pictures of the party wall and ideally have agreed written notes of any cracks, with copies for both.

Or a surveyor could be appointed to assess and prepare a schedule of condition to minimise the risk of disputes later. This should be done shortly before the work starts.

Find local chartered surveyors to discuss your party wall requirements.

What happens if my neighbour dissents to a party wall notice?

In this case, both homeowner and neighbour can appoint ONE agreed surveyor, usually within ten days , who can act impartially for both.

The agreed party wall surveyor should be independent and NOT the same surveyor the homeowner might be using for their own works. Otherwise their neighbour is unlikely to view the surveyor as neutral.

The Agreed surveyor produces a ‘Party Wall Award’. This details the works proposed and a schedule of condition, including pictures, of the neighbour’s home.

The homeowner carrying out the building works is responsible for paying for the surveyor to complete a party wall award. Surveyors’ rates vary between £150 and £200 per hour and a party wall award costs approximately £1000.00.

Some architects are also able to act as surveyors. Read more in our guide Can a neighbour refuse a Party Wall Agreement?

Maintaining good relationships with your neighbours

Before posting a Party Wall notice through your neighbour’s letterbox, which can appear intimidating, have a friendly chat first.

• A shared cup of tea fosters good will and allays fears. Show sketches and explain the planned works and that a formal notice will be sent later.
• It is reasonable for your neighbour to ask for the contact details of your surveyor (if you have one) and/or building company for further information and reassurance.

If your neighbour refuses your party wall agreement , it does not mean an end to your building works. Some neighbours prefer the formality of having a party wall award drawn up by an independent surveyor.

Common party wall problems

Here are some common party wall problems to avoid.

1. Not providing adequate notice. You’ll find details of what you need to do in this guide.
2. Failing to inform all the affected neighbours. This includes the freeholder and anyone with a leasehold longer than a year. If you live in a terraced house, neighbours on both sides may be affected depending on the works. A homeowner living next to flats, may need to serve notice on a number of different people. Check property ownership via the Land Registry.
3. Not describing the proposed work precisely enough or not including sufficient information. Notices about excavations, for example, need to include full structural details.
4. Failing to use the standard, or wrong form of notice. The form of notice for excavating foundations is different from a party wall.
5. One building project may need more than one type of notice served on each affected neighbour.

What’s the party wall award process timeline?

• Two months and one day later: building works can begin, assuming the party wall award has been agreed.
• One year and one day later: b uilding works must have started.

Is a party wall award legally binding?

Yes. Both sides have 14 days to appeal to the County Court against a party wall award. In some cases, if the work changes or you do something different, the surveyors will need to agree a further ‘Award’ to cover this.

Find a party wall surveyor

Find local chartered surveyors to discuss your party wall requirements.

Do I need a party wall agreement for an extension?

Yes, a party wall agreement is necessary for an extension if it involves work on or near a shared wall with a neighbouring property. This agreement ensures the protection of both parties and prevents potential disputes.

How much does a party wall agreement cost?

The average cost of a party wall agreement is around £1,000. But this will vary depending on your location, the complexity of the project and the number of surveyors involved. For more, see our guide party wall surveyor cost or use our free tool to find qualified local party wall surveyors and get in touch directly to compare price and service.

Planning your home improvement project

For more advice on planning your home improvement project, see our step-by-step guide to home improvements .

Failure to serve a Party Wall Notice – what happens?

If you’re required to serve a party wall notice for your building works but fail to do so, you may face a number of consequences. For example, if there hasn’t been an independent expert Schedule of Condition produced before the building work started, it’s very difficult to establish which damage was caused by the works and what was already there. Also, your neighbour may apply for a party wall injunction to stop your work until you have served Notice.

My neighbour started work without a party wall agreement: What can I do?

Conversely, your neighbour is also bound by the Party Wall Act so if your neighbour has started work on or near a party wall without serving a party wall notice, the best approach is to have a friendly chat with them. They may be unaware of their responsibilities under the Party Wall Act. Ideally, they’ll then prepare a party wall notice and you can then follow the process. If they continue building you may consider taking legal action.

What is a retrospective party wall agreement?

This is a party wall award that is put in place once party wall works have been partially or fully completed. Retrospective party wall agreements are sometimes agreed to deal with complaints of damage or claims made. They may also be agreed to provide clarity on the scope of works carried out.

For a retrospective party wall agreement to be drawn up, an agreed surveyor, or two party wall surveyors must be appointed with the knowledge of both owners.

Where can I get ‘no party wall agreement’ advice?

If you want any type of party wall agreement advice, it’s a good idea to speak to a party wall surveyor. Use our free tool to find qualified local party wall surveyors and get in touch directly to compare price and service.

Can a party wall notice be served verbally?

A party wall notice is a legal document and needs to be served in writing. It cannot be served verbally.

Find local chartered surveyors to discuss your party wall requirements.