Buying a property is stressful enough—so finding out that the seller has served or been served with a Party Wall Notice can raise even more questions. Whether you’re the buyer or the seller, understanding the implications of Party Wall Agreements and Awards is crucial for protecting your legal position.
🧱 What Is a Party Wall Agreement?
A Party Wall Agreement is a legal document that outlines how proposed building works affecting a shared wall—known as a party wall—will be carried out. It sets out:
- Working hours
- Access requirements
- Protection measures
- Any compensation for damage or disruption
This agreement helps prevent disputes between neighbours and ensures the work proceeds lawfully and fairly.
🏘️ What Are Party Walls?
Party walls are shared walls dividing two properties, common in semi-detached and terraced homes. They can also include garden walls built across boundaries.
If a wall falls under the definition of a party wall and is affected by building work, a Party Wall Notice must be served to adjoining owners under the Party Wall etc. Act 1996.
📜 The Party Wall etc. Act 1996 – Key Legal Framework
This legislation governs:
- When and how Party Wall Notices must be served
- How to handle disputes via surveyors
- The creation of a Party Wall Award, a legally binding document
If the adjoining owner consents in writing, a Party Wall Agreement may be sufficient. If they dissent or don’t respond within 14 days, each party must appoint a Party Wall Surveyor, who will then issue a Party Wall Award.
🏠 Buying a Property with an Existing Party Wall Notice or Award
If you’re buying a property and a Party Wall Notice has already been served (or received), this could affect your rights and obligations. You should:
- Ask your conveyancer or solicitor to make specific enquiries about any party wall matters
- Review any Party Wall Awards or correspondence for compliance
- Understand any potential liabilities or obligations that may arise post-sale
❗ Important: A Party Wall Award is personal to the original parties. It does not automatically transfer to the new owner.
🔁 Does a Party Wall Award Transfer to a New Owner?
No. Under the Party Wall Act 1996, Party Wall Awards do not transfer between owners. The Award is specific to the building and adjoining owners named in it.
This means:
- If you’re buying the building owner’s property, you may need to serve a new Party Wall Notice.
- If you’re buying from an adjoining owner, any previous consent given may not apply—you may need to seek fresh consent or serve a new notice.
However, if contracts are exchanged and the buyer has a beneficial interest, they may serve a Party Wall Notice in anticipation of works starting post-completion.
💷 Compensation & Indemnities – Who Pays What?
If the Party Wall Award includes compensation, only the building owner named in the Award is liable to pay. If you are:
- Selling a property as the building owner: you should seek an indemnity from the buyer to cover any future liabilities.
- Buying as an adjoining owner: ensure compensation terms are clearly apportioned between outgoing and incoming owners.
Because the Act does not address property transfers, resolving these issues requires careful legal advice and written agreements.
⏳ How Long Does a Party Wall Agreement Last?
Most Party Wall Awards include a clause that the permission will lapse after 12 months if the works haven’t started. If works are delayed beyond that, a new notice and award may be required.
Additionally, under the Limitation Act 1980, any claims arising from an award (e.g. unpaid compensation) generally have a 6-year limitation period.
🧾 Buying or Selling with a Party Wall Issue? Here’s What to Do:
- Instruct a solicitor familiar with the Party Wall etc. Act 1996
- Ask to see all related Party Wall Notices, Awards, and correspondence
- Clarify who is liable for current or future costs or obligations
- Seek indemnities or specific clauses in the sale contract if needed
- Get advice from a qualified Party Wall Surveyor
📩 Need Help Navigating a Party Wall Matter?
Whether you’re a buyer, seller, or property professional, our team of expert Party Wall Surveyors is here to help.
👉 Email us today at team@simplesurvey.co.uk for FREE, no-obligation advice and guidance tailored to your situation.