If you’re planning work on a shared wall, boundary, or close to a neighbour’s property, you may need to follow the Party Wall Act 1996. This law applies in England and Wales and is designed to prevent disputes between neighbours during construction.
A party wall agreement (also called a party wall award) is the legal document that sets out what work will be done, how it will be carried out, and what protections are in place for both properties.
This guide explains when you’ll need an agreement, how to serve notice, what happens if there’s a dispute, and the role of surveyors in keeping the process fair.
Why Party Wall Agreements Matter
Building work often affects more than just your own property. A shared wall, fence, or even excavation close to a neighbour’s foundations can raise concerns. The Party Wall Act ensures:
- Both owners are properly informed before work starts.
- The property’s condition is recorded beforehand.
- Disputes are resolved fairly by independent surveyors if needed.
This way, both you and your neighbour are legally protected, and the risk of arguments is reduced.
What Counts as a Party Wall Agreement?
It’s a legally binding document prepared under the Party Wall Act. It usually includes:
- Details of the work planned
- Timelines and working arrangements
- Protective measures for both properties
It applies most often to semi-detached and terraced homes but can also cover detached houses where boundaries or nearby foundations are affected.
When Do You Need One?
You’ll normally need to serve a party wall notice if you plan to:
- Build an extension against a shared wall
- Convert a loft and cut into a party wall for beams
- Carry out foundation work within 3 metres of a neighbour’s structure (or 6 metres for deeper excavation, e.g. basements)
- Raise or thicken a shared wall
- Demolish and rebuild a boundary wall
Notice Periods
- 2 months’ notice – for building against or altering a party wall
- 1 month’s notice – for excavation near a neighbour’s property
Your neighbour then has 14 days to reply.
How to Serve a Party Wall Notice
A party wall notice must be written, clear, and served to all affected owners. It should explain:
- The nature of the work
- When it is due to start
- How it may affect the neighbour’s property
If the notice is unclear or served too late, it can cause delays.
What Happens After Notice Is Served?
Neighbours can:
- Consent – Agree in writing, allowing work to go ahead.
- Dissent – Formally object, triggering the need for surveyors.
- Ignore – If there’s no reply within 14 days, it’s treated as a dispute.
Resolving Disputes with Surveyors
If there’s no agreement, one or two independent surveyors are appointed. Their role is to:
- Review the proposed work
- Consider both owners’ rights
- Draft a Party Wall Award that sets out how work can proceed safely
Surveyors must remain impartial, and both sides can either share one surveyor or appoint their own.
Common Mistakes to Avoid
- Serving an incomplete or unclear notice
- Forgetting to notify all affected neighbours (including freeholders/leaseholders)
- Relying on verbal consent instead of a written agreement
- Starting work before notice periods end
Tips for a Smooth Process
- Talk first – Speak to neighbours before serving notice. It builds trust.
- Keep clear records – Save copies of notices, replies, and surveyor reports.
- Use a surveyor early – Professional advice can prevent costly mistakes.
Conclusion
Following the Party Wall Act 1996 isn’t just a legal requirement—it’s also the best way to protect both your property and your relationship with neighbours. Serving notice properly, involving surveyors when needed, and keeping communication open will help your project run smoothly.
FAQ
Do I always need a party wall agreement?
No, only if your work affects a shared wall, boundary, or nearby foundations.
Can I serve the notice myself?
Yes, but many homeowners use a surveyor to ensure it’s valid.
What if my neighbour ignores the notice?
If they don’t reply within 14 days, it counts as a dispute and surveyors step in.
Who pays the costs?
Usually the person doing the building work covers surveyor fees.
Can I start without an agreement?
No. Starting early can result in legal action to stop the work.
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