Party Wall Agreement

What a party wall agreement is

The Act does not use the phrase "party wall agreement" in its text, but in everyday use it covers two situations.

When a party wall agreement is needed

You need an agreement in some form whenever the proposed works are notifiable under the Act. The following are common examples, but the list is not exhaustive — a surveyor should confirm whether your specific works trigger the Act before you proceed.

• Cutting into a party wall to take the bearing of a beam, typically for a loft conversion.
• Inserting a steel or timber into a party wall to form an opening.
• Building a new wall on the line of junction between two properties.
• Raising, thickening or underpinning a shared wall.
• Excavating foundations deeper than the neighbour's within three metres, or within six metres on the 45-degree test.
• Demolishing and rebuilding a party structure.

For more detail on the excavation triggers, see the 3 metre rule and section 6 of the Act.

What a party wall agreement contains

A typical Award or detailed agreement will usually record:

• A description of the proposed works and the parties involved.
• A schedule of condition of the neighbour's property, usually with photographs.
• Working hours, access arrangements, and the manner in which the works are to be carried out.
• Requirements for protection of the neighbouring property during the works.
• A mechanism for resolving any damage that might be caused.
• A statement of the surveyors' costs and which party pays them.

The formal document produced by the surveyors is usually called a Party Wall Award. The party wall award guide covers what goes into it and how it is served.

Putting the agreement in place

The process starts well before any spade goes in the ground. In outline:

• Confirm which sections of the Act apply and identify every adjoining owner to be served.
• Prepare and serve a compliant party wall notice with the required plans and details.
• Allow the neighbour 14 days to consent, dissent, or remain silent.
• If consent is given, retain the written consent as the agreement.
• If there is a dispute, appoint surveyors and produce a Party Wall Award.
• Retain the signed Award as the binding agreement that governs the works.

For typical fee structures and what the professional cost covers, see party wall agreement cost and party wall surveyor cost.

Benefits of a proper agreement

• A clear statutory route to carry out works that would otherwise be at risk of injunction.
• A written record of the neighbour's property condition before works begin, which protects both sides if damage is later alleged.
• An impartial framework for resolving technical disagreements without court involvement.
• A structured discipline on working hours, access and protection which keeps relations with neighbours on a stable footing.
• A defined appeal route within the Act if either party is dissatisfied with the outcome.

Common mistakes

• Confusing a party wall agreement with a planning approval. They are separate and neither replaces the other.
• Assuming the neighbour's verbal agreement is enough. Only written consent, or a formal award, meets the Act.
• Leaving the agreement to the last minute, so the build programme collides with the statutory notice periods.
• Using a contractor's pro forma notice rather than a statutory-compliant document.
• Forgetting to serve leaseholders with more than a year unexpired, who are adjoining owners in their own right.