What is a Party Wall Agreement? A Complete Guide for Homeowners

If you are planning work on your property that affects a shared wall, boundary, or nearby structure, you may encounter the term "Party Wall Agreement." For many homeowners in England and Wales, this can be an unfamiliar legal requirement that arises unexpectedly during home improvement projects. Understanding what a Party Wall Agreement is, why it's needed, and how to navigate the process can save you time, money, and potential disputes with neighbours.

This in-depth guide explains everything homeowners need to know about Party Wall Agreements, drawing on the provisions of the Party Wall etc. Act 1996.

What is a Party Wall Agreement?

A Party Wall Agreement is a legally binding document that sets out the rights and obligations of property owners who share a wall, boundary, or structure. It is required when one property owner (the "building owner") intends to carry out work that may affect the party wall or adjoining property of their neighbour (the "adjoining owner").

The Party Wall etc. Act 1996 provides the legal framework that governs Party Wall Agreements in England and Wales. The Act is designed to protect the interests of both parties and to ensure that any work is carried out safely and fairly, while minimising disputes.

Unlike planning permission or building regulations, a Party Wall Agreement specifically addresses work that directly affects shared structures or neighbouring properties.

When Do You Need a Party Wall Agreement?

You will likely need a Party Wall Agreement if you are planning any of the following works:

1. Work on an Existing Party Wall or Party Structure:

Cutting into a party wall to insert beams, damp-proof courses, or other supports

Underpinning, thickening, or raising a party wall

Repairing, demolishing, or rebuilding a party wall

Removing chimney breasts attached to a party wall

2. Excavations Near a Neighbouring Property:

Excavating within 3 metres of a neighbour's structure if digging below the foundation level

Excavating within 6 metres if the work involves a 45-degree plane intersecting the neighbour's foundations (known as the "6-metre rule")

3. New Building on the Boundary Line:

Building a new wall on or astride the boundary line (the line of junction) between two properties

The Act applies whether the neighbouring property is residential or commercial. Even minor works can require a Party Wall Agreement if they affect the structural integrity or foundations of adjoining properties.

What is a Party Wall?

Under the Party Wall etc. Act 1996, a "party wall" includes:

Walls that stand astride the boundary of land belonging to different owners

Walls that are wholly on one owner’s land but used by both owners (e.g. for structural support)

Party fence walls (freestanding boundary walls not part of a building)

Floors or ceilings separating different flats within the same building

It is essential to correctly identify whether a wall or structure falls within the Act before commencing any works.

The Legal Process of a Party Wall Agreement

Step 1: Serve the Party Wall Notice

Before starting any notifiable work, the building owner must serve a written Party Wall Notice on the adjoining owner. Depending on the type of work, different notice periods apply:

1 month before starting work for new building on the line of junction

2 months before starting work for works to an existing party structure or excavation works

The notice should include:

Full details of the planned works

Drawings, plans, and structural calculations (where appropriate)

The intended start date

Contact information for both parties

Step 2: Neighbour's Response

Upon receiving the notice, the adjoining owner has three options:

Consent: Agree to the works without conditions

Dissent and appoint their own surveyor: This triggers the formal agreement process

Dissent and agree to use a jointly appointed surveyor: A single agreed surveyor manages the process

If the neighbour does not respond within 14 days, it is treated as dissent and a dispute is deemed to have arisen.

Step 3: Appoint Surveyors

Once dissent occurs, each party appoints a surveyor (or a single agreed surveyor). The surveyors are responsible for:

Reviewing the proposed works

Ensuring compliance with the Act

Protecting both parties' interests

Producing the Party Wall Award

Step 4: The Party Wall Award

The Party Wall Award is the legal document that forms the Party Wall Agreement. It sets out:

The scope of works permitted

Working hours and access rights

Protective measures to safeguard adjoining property

Rights of entry for contractors

Provisions for making good any damage

Allocation of surveyor fees and costs

The Award is legally binding and can only be appealed within 14 days in the county court.

What Happens If You Don’t Have a Party Wall Agreement?

Failure to comply with the Party Wall etc. Act 1996 can lead to serious consequences:

Legal injunctions to stop work

Court proceedings

Financial claims for damage or loss

Strained neighbour relationships

Importantly, non-compliance does not prevent a neighbour from taking legal action even if the works appear minor or harmless.

How Long Does a Party Wall Agreement Last?

The Party Wall Act does not impose a strict expiry date for a Party Wall Award once issued. However, the notices themselves become invalid if works do not commence within:

12 months from the date the notice was served

If work is delayed beyond this period, fresh notices and potentially a new Award may be required.

Who Pays for the Party Wall Agreement?

In most cases, the building owner is responsible for covering the costs of:

Preparing and serving notices

Surveyors' fees (both parties' surveyors, if separate)

Drafting and issuing the Award

Making good any damage caused by the works

Additional works requested by the neighbour (if they directly benefit from the improvement)

If both parties benefit equally (such as a jointly owned wall being repaired), costs may be shared proportionally.

Do You Need a Party Wall Surveyor?

While you are not legally required to appoint a surveyor when the neighbour consents, surveyors are essential when disputes arise. Professional surveyors:

Ensure full legal compliance

Minimise the risk of expensive legal action

Protect the property owner’s interests

Provide impartial, expert guidance

Using an experienced Party Wall Surveyor like those at Anstey Horne can help avoid complications and ensure the process runs smoothly.

Common Myths About Party Wall Agreements

1. Party Wall Agreements aren't needed for small projects.
Even minor works can trigger the Act if they affect shared structures.

2. If my neighbour agrees verbally, that's enough.
All agreements must be documented in writing to be legally binding.

3. Party Wall Agreements delay the project unnecessarily.
With professional advice, the process can often run in parallel with planning and building control to minimise delays.

Key Takeaways

A Party Wall Agreement is required for certain works affecting shared walls or neighbouring structures.

The Party Wall etc. Act 1996 governs the legal process in England and Wales.

Properly served notices and agreements protect both parties and help avoid disputes.

Failure to comply can lead to injunctions, legal claims, and financial penalties.

Building owners typically bear the cost of the process.

Appointing a qualified Party Wall Surveyor is highly recommended.

Speak to the Experts at Anstey Horne

Navigating the Party Wall process can seem complex, especially for homeowners tackling renovations or extensions for the first time. The experienced surveyors at Anstey Horne are here to guide you through every stage, ensuring full compliance and peace of mind.

Contact

Need help or advice with a Party Wall Award? Contact Anstey Horne’s experienced surveyors for expert guidance and peace of mind on your next construction project.

For advice direct from one of our Surveyors, please call our Enquiry line on 020 4534 3135.

If you would rather we called you instead, please fill in our Contact form and we will be in touch.

For a quick online quote for Party Wall advice, send us the details of your project.

For more articles on all aspects of the Party Wall Act see our blog.

For advice direct from one of our Surveyors, please call our Enquiry line on 020 4534 3135.

If you are planning work that is covered by the Act, or if you have received notice of work from a neighbour and want advice on how best to protect your property please contact: