If you are planning to build close to or on a wall that is shared with a neighbour, there are legal steps you may need to take before starting any work. This includes getting the correct agreement in place and giving written notice to those affected. This guide explains when a party wall agreement is required, what the process involves, and how to find a qualified surveyor.
What is a Party Wall Agreement?
A party wall agreement is a formal document that confirms neighbours have been properly notified about building works that might affect a shared structure. It sets out how the work will be carried out, the timings, access requirements, and any protective measures that may be needed.
It also includes a condition report, which documents the state of nearby properties before work begins. This is helpful if there is any disagreement over damage later.
What is a Party Wall?
A party wall is a structure that separates two properties and is jointly owned by both. This could be the dividing wall in a terraced or semi detached house. It can also include boundary walls made of brick that sit on the line between two gardens. Wooden fences are not considered party walls.
When Do You Need Permission?
You will usually need to follow the party wall process if you are:
- Building along the boundary between two properties
- Making changes to an existing party wall or shared structure
- Digging foundations close to a neighbouring property
This commonly applies to loft conversions, basement work, and extensions.
What is the Three Metre Rule?
If you plan to dig within three metres of another building and go deeper than their foundations, you must notify the owner in writing. You also need to notify them if you are within six metres and your excavation would fall within a forty five degree angle down from the bottom of their foundations.
When is a Party Wall Agreement Not Needed?
Minor changes such as replastering, rewiring, or fitting cupboards do not require a formal agreement. Only structural works or excavations need to go through the official process.
Starting the Process
Before beginning any building work, you must inform all affected neighbours by serving a written party wall notice. This notice gives them the chance to respond, either to consent or object.
If your neighbour agrees in writing within fourteen days, and no surveyor is needed, you can go ahead. It is still a good idea to take photos and record the condition of the wall before starting.
If they do not respond or object, a party wall surveyor must be appointed. This leads to a formal document known as a Party Wall Award.
What is a Party Wall Notice?
A party wall notice is a letter you send to inform neighbours about your proposed work. It must be given in writing. Verbal notice is not valid.
You must give at least two months’ notice for work to a shared structure or wall, or one month for excavation or new walls on the boundary. Once notice is served, the work must begin within one year.
What if a Neighbour Objects?
If a neighbour disagrees or does not reply, each side can appoint a surveyor. Alternatively, you can both agree on a single independent surveyor to act for both parties.
The surveyor will prepare a Party Wall Award. This sets out what work is allowed, how it must be done, and includes a condition report of the neighbour’s property.
As the person carrying out the building work, you are normally responsible for covering all surveyor fees.
Typical Costs and Timelines
Party wall surveyors generally charge between £150 and £200 per hour. The total cost of the agreement, including inspections and paperwork, is often around £1,000, but this depends on the size and complexity of the project.
Once the notice has been served, you must wait at least two months before starting work. You have up to twelve months to begin after notice is given.
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Keep Things Friendly
It is always best to talk to your neighbours before sending formal paperwork. A simple conversation can reduce worry and make the whole process smoother. Show them your plans and offer to introduce your builder or surveyor if they have questions.
This approach helps avoid misunderstandings and may even remove the need for formal agreements if everyone is happy with the work.
What If Your Neighbour Starts Work Without Telling You?
If someone begins work that affects a shared wall without notifying you, they may be breaching the Party Wall Act. In this situation, a polite conversation is the best first step. If that does not help, you may need to seek advice from a surveyor or solicitor.
Retrospective Agreements
If the work has already started or been completed without following the correct procedure, it is sometimes possible to create a retrospective agreement. This records what has been done and can help resolve disputes or damage claims. Both parties must agree to appoint one or more surveyors for this.
Is a Party Wall Award Legally Binding?
Yes. Once issued, a Party Wall Award can be enforced by law. Both sides have fourteen days to appeal to the County Court. If the work changes after the award is made, a new award may be required.
Do You Need an Agreement for an Extension?
If your extension involves work on or near a shared wall, then yes – you will need to go through the party wall process. This protects both sides and avoids legal problems later.
What Happens If You Do Not Serve Notice?
If you are legally required to notify a neighbour and you fail to do so, you could face delays, disputes, or even court action. Your neighbour could apply for an injunction to stop the work until a proper agreement is in place.
Final Advice
Always seek help from a qualified party wall surveyor if you are unsure. They can guide you through the process, handle the notices, and help avoid any costly issues.