If you’re planning building work near a shared wall or boundary, you may need a party wall agreement to stay within the law and avoid disputes.
What Is a Party Wall Agreement?
A party wall agreement is a legal document that confirms your neighbour has been informed about and agrees to your building plans. It applies when work is planned on or near a shared wall, known as a party wall. This could be between terraced or semi detached houses, or even a garden wall built along a boundary.
When Is It Needed?
You must serve written notice if you plan to:
- Build on or near a boundary
- Alter or repair a shared wall
- Dig foundations close to a neighbour’s property
Minor tasks like plastering or shelving usually do not require a formal agreement.
The Party Wall Notice
A party wall notice must be given in writing. Your neighbour has 14 days to respond. If they agree, you may proceed. If they object or do not reply, you must appoint a party wall surveyor to prepare a legal document called a Party Wall Award.
The notice period is one month for excavation or new boundary walls, and two months for work to an existing party wall. You then have up to 12 months to start the work.
Surveyors and Costs
If surveyors are needed, the person carrying out the work typically pays. Costs vary but usually range from £150 to £200 per hour. A full Party Wall Award often costs around £1,000. Simple Surveys fees are a fraction of this at around the £300 mark all in.
Keep Things Friendly
Before serving formal notice, speak to your neighbour. Explain the work and offer contact details for your builder or surveyor. A simple conversation can help avoid unnecessary conflict.
Summary
Always follow the Party Wall Act to prevent legal issues and delays. For help, contact a local chartered surveyor with experience in party wall matters.
FAQS
Q1. Is a party wall agreement legally binding?
A party wall agreement is a private civil agreement and does not have the same statutory enforceability as a Party Wall Award under the Act.
Q2. When is a Party Wall Award required instead of an agreement?
If a neighbour dissents or fails to respond to a notice, a Party Wall Award issued by appointed surveyors is required.
Q3. Can neighbours use one agreed surveyor?
Yes, both owners can appoint a single agreed surveyor to act impartially, provided there is no dispute.
Q4. Does a party wall agreement cover damage?
It can outline responsibilities, but it does not provide the statutory protection or enforcement mechanisms of a Party Wall Award.
Q5. Should I consult a surveyor before relying on an agreement?
Yes. An experienced or best party wall surveyor can advise whether an agreement is suitable or if a formal Award is required.