Planning a loft conversion, rear extension, basement, or structural alterations near a boundary? If you’re in England & Wales, you’ll likely meet the Party Wall etc. Act 1996—and the document everyone talks about: the Party Wall Agreement (formally a Party Wall Award). This guide explains, in 2025 plain English, what a Party Wall Agreement is, when you need one, how it gets agreed, and what it means for both Building Owners and Adjoining Owners.
What is a Party Wall Agreement?
A Party Wall Agreement is a legally binding Award made under the Party Wall etc. Act 1996. It’s issued by an impartial Party Wall Surveyor (or surveyors) once a neighbour dissents to a valid Party Wall Notice. The Agreement:
- Authorises the notifiable works that fall under the Act
- Sets conditions on how and when those works proceed
- Confirms rights and duties (e.g., access under Section 8, reasonable working arrangements, protections, and compensation routes)
- Allocates costs under the Act (typically the Building Owner pays the reasonable costs of administering the process)
Think of it as the rulebook for the notifiable parts of your project—practical, enforceable, and designed to enable sensible building while protecting neighbours.
When do you need one?
You only get a Party Wall Agreement if a dispute arises under the Act. A dispute is triggered when an Adjoining Owner:
- Dissents in writing to a valid Notice; or
- Doesn’t reply within 14 days, leading to a deemed dispute (with the required follow-up 10-day request having been served)
If a neighbour consents, an Award usually isn’t needed (the Act still applies, and statutory rights remain). If they dissent, the surveyor(s) must resolve matters and issue the Agreement.
Works that trigger the Act (and may lead to an Agreement)
The Act covers three main categories:
- Section 1 – New walls at/astride the boundary
- New wall up to the line of junction (1-month notice)
- New wall astride the boundary requires the Adjoining Owner’s written consent
- Section 2 – Works to party structures (shared walls, party fence walls, floors/ceilings between flats)
- Raising, thickening, demolishing/rebuilding, cutting in or cutting away projections, inserting flashings, etc. (2-month notice)
- Section 6 – Adjacent excavation
- Within 3m (and deeper than neighbour’s foundations) or within 6m for deeper works (e.g., piles) (1-month notice)
- Plans/sections required for Section 6 notices
Key 2025 takeaway: Case law continues to reinforce the principle “No Notice, No Act.” If a Building Owner skips notice, the Act’s dispute-resolution machinery won’t help them—and the Adjoining Owner’s remedies are likely at common law instead. Serve valid notices correctly and on time.
Who’s involved and how is it agreed?
After dissent, owners have two routes:
- Agreed Surveyor – both owners jointly appoint one impartial surveyor to make the Award.
- Two Surveyors – each owner appoints a surveyor; those surveyors select a Third Surveyor at the outset in case there’s a further dispute.
The appointed surveyor(s) consider the notified works, any reasonable representations from both sides, the Act’s rights and duties, and then publish the Award. It is served on both owners; either party then has 14 days to appeal in the County Court.
What a Party Wall Agreement typically covers
- Authorised works and the legal basis under the Act (Sections 1, 2, 6)
- Method and sequence for the notifiable elements
- Worktimes and conduct for the notifiable works (e.g., alignment with typical local authority noisy-hours expectations)
- Neighbourly protections appropriate to the notified scope
- Access under Section 8 (where necessary and reasonable)
- Compensation pathways if loss/damage arises from works carried out under the Act
- Security for Expenses (Section 12), where proportionate for higher-risk projects
- Costs—who pays which reasonable fees under Section 10(13) (normally the Building Owner)
Timings you need to know
- Serve Notices:
- 1 month minimum for Section 1 and Section 6
- 2 months minimum for Section 2
- Neighbour response: 14 days from receipt
- If no reply: serve a further 10-day request; after that, a dispute is deemed
- Award appeal window: 14 days from service of the Award
- Start-by validity: typically, works authorised should commence within 12 months of service (or as the Award specifies)
Plan your programme around these statutory clocks; they’re separate from planning permission and building control.
2025 best practice
- Start early: integrate Party Wall notices into your design and procurement timeline
- Serve correctly: the right owners, the right sections, the right content
- Be clear: well-described works and tidy drawings reduce friction
- Keep it proportionate: the Act is work-enabling; sensible conditions avoid unnecessary delay
- Use professionals where complexity or multi-owner buildings are involved
Transparent, fixed pricing
- Party Wall Notice service: £25 per adjoining ownership (multi-notice bundles discounted).
- Act administration as Agreed Surveyor (single surveyor): typically £300 fixed-fee, depending on complexity and number of notices/owners.
- Two-surveyor route (we act for the Building Owner): fixed-fee proposals from £325 for our side. (The Adjoining Owner’s surveyor often bills hourly; we work to keep those costs reasonable and contained.)
- Complex works (deep excavations, multi-owner blocks): we’ll still offer the fixed pricing as above!
- No surprises, no creeping extras. You’ll know the number before we start.
FAQs
Is a Party Wall Agreement the same as planning permission?
No. Party Wall procedures are separate from planning and building control. You may need all three for the same project.
Do I always need an Agreement?
Only if a dispute arises (dissent or deemed dissent). If your neighbour consents in writing, you usually won’t need an Award, though the Act still applies.
Who pays the surveyors’ fees?
Normally the Building Owner pays the reasonable costs of administering the Act, including the Adjoining Owner’s surveyor where appointed.
Can I start work before the Award?
Not on the notifiable elements. You must wait until the Award is served and the statutory notice periods have run (or been waived by agreement, where permissible).
What if my neighbour ignores the notice?
After 14 days plus the 10-day request, a deemed dispute arises. The Building Owner may appoint a surveyor on the neighbour’s behalf under Section 10(4) so the process can continue.
Can notices be emailed?
Yes, if the recipient has agreed to receive documents electronically. If not, use permitted service methods and keep proof of service.
How long does an Award take?
It depends on complexity, cooperation, and completeness of information. Early, accurate notices and pragmatic engagement usually mean faster Awards.
The bottom line
A Party Wall Agreement is the fast, lawful route to proceed with notifiable works while respecting your neighbour’s rights. In 2025, the expectations are clear: serve proper Notices, follow the statutory process, and let impartial surveyors agree a proportionate Award. Do it right, and you’ll keep projects moving, costs predictable, and relationships intact.
Want compliant notices and a fast, fixed-fee path to your Party Wall Agreement?
Email team@simplesurvey.co.uk. We operate nationwide with same/next-day notice prep, clear pricing, and pragmatic Awards that get you building.