What Is a Party Wall Agreement – and Do You Need One?

A Party Wall Award—often referred to as a Party Wall Agreement—is a legally binding document that plays a vital role in many construction projects, particularly those involving extensions, loft conversions, and renovation work.

As specialist Party Wall Surveyors and Consultants, we’ve put together this guide to help you better understand the legal principles and the process involved.


Your Responsibility as the Building Owner

It is the building owner’s legal duty to determine whether their planned works are notifiable under the Party Wall etc. Act 1996.

While your professional team (architects, contractors, etc.) should highlight this obligation, the ultimate responsibility rests with you, the building owner.

Key Questions to Ask:

  1. Are you building on or near the boundary line (line of junction)?
  2. Are you working on a shared structure, such as a party wall or party fence wall?
  3. Are you excavating within 3 or 6 metres of a neighbouring building or structure?

If the answer is “yes” to any of the above, your project may be notifiable under the Act, and you’ll need to begin the Party Wall process.


Notifying Your Neighbours

If your works are notifiable, you must serve a Party Wall Notice in writing to the Adjoining Owner(s). This is a formal legal requirement.

  • For party wall work (e.g. inserting steel beams during a loft conversion), the notice must be served between two and twelve months before work begins.
  • For excavation or boundary work, the notice period may be one to twelve months, depending on the type of work.

👂 Top Tip:

Speak to your neighbour before serving the formal notice.
An informal conversation can build trust, clarify concerns, and speed up the process once formal notice is issued.


How Neighbours Can Respond to a Party Wall Notice

Once a notice is served, your neighbour has 14 days to respond with one of the following:

Consent

If they agree to the work, they respond in writing. No further action is needed beyond waiting for the notice period to end—you can then proceed with the work.

Dissent

If they object (or simply don’t respond within 14 days), this is treated as a dispute under the Act, and surveyors must be appointed to resolve it through a Party Wall Award.

🔄 Counter Notice

They may also serve a counter notice requesting additional works for their benefit (at their cost).


What Happens If There’s a Dispute?

If your neighbour dissents or fails to reply:

  • A Party Wall Surveyor (or one for each party) must be appointed.
  • The surveyors will inspect the properties and negotiate the terms of a Party Wall Award, ensuring both sides are protected.

Surveyors are bound by statutory duty to act impartially, even if appointed by one party.


Who Pays the Fees?

In most cases, the building owner pays all reasonable costs, as they are the party benefiting from the work.

If any part of the work is at the neighbour’s request, surveyors can apportion costs fairly in the Party Wall Award.


Need Help With Your Party Wall Notice or Award?

At Simple Survey, we specialise in demystifying the Party Wall process for homeowners, landlords, and developers.

📩 Email our team today at team@simplesurvey.co.uk for friendly, professional advice or to get started with your Party Wall Notice.