Property owners in England and Wales must manage construction near shared walls carefully. The Party Wall etc. Act 1996 governs these processes, requiring Party Wall Notices and, where necessary, formal agreements to protect all parties involved.
What Is a Party Wall Agreement?
A party wall agreement defines the terms and conditions for building work near shared walls, boundaries, or foundations. It ensures that neighbours’ rights are protected while allowing construction to proceed legally.
Party wall agreements are typically required for:
- Excavation within 3 metres of a neighbouring property’s foundation.
- Excavation within 6 metres if it intersects a 45-degree line from the neighbour’s foundation base.
- Modifications or works to shared walls, floors, or ceilings in semi-detached or terraced houses, or flats.
Party Wall Notices
Before work begins, property owners must serve a Party Wall Notice to neighbouring owners. The notice periods are:
| Type of Work | Notice Period |
| Work up to the boundary | 1 month |
| Excavation works | 1 month |
| Works to party walls/structures | 2 months |
Neighbours have 14 days to respond. Failure to respond counts as dissent, requiring surveyor involvement.
Role of Party Wall Surveyors
Surveyors play a critical role in ensuring compliance with the Party Wall Act, resolving disputes, and preparing agreements. Their responsibilities include:
- Inspecting the party wall before work begins.
- Drafting Party Wall Awards detailing working hours, access conditions, and damage compensation.
- Ensuring fair and impartial terms for both parties.
- Maintaining compliance with legal and regulatory standards.
Creating a Party Wall Agreement Without a Surveyor
It is possible to create a valid agreement without a surveyor if all neighbours consent. Key steps include:
- Serve a Party Wall Notice with full owner details, property addresses, notice date, and planned start date.
- Receive responses from neighbours within 14 days.
- Issue a supplementary notice if responses are missing or unclear, giving 10 days to reply.
- Negotiate terms directly with neighbours.
- Finalise the agreement in writing, ensuring it includes all work specifications and compensation provisions.
Important: Without a surveyor, mistakes in notice service, documentation, or compliance may lead to costly disputes or delays.
Benefits of Using a Surveyor
- Professional handling of complex or high-risk projects.
- Expert guidance on legal requirements and Party Wall Act compliance.
- Fair dispute resolution through impartial Party Wall Awards.
- Protection against potential financial or legal liabilities.
Surveyors also facilitate alternative dispute resolution methods, such as mediation, which can be faster and less costly than litigation.
Legal Protections and Insurance
All parties should consider:
- Liability Insurance: Building and public liability policies protect against property damage claims.
- Legal Safeguarding: Party Wall Agreements provide a framework for compensation and dispute resolution.
- Compliance: Properly documented agreements reduce the risk of injunctions or court action.
Summary
- Party wall agreements are legally required for specific construction activities near shared walls or foundations.
- Notices must be served according to the Act, and neighbours have 14 days to respond.
- Surveyors play a vital role in drafting agreements, resolving disputes, and ensuring compliance.
- Agreements can be created without a surveyor if all neighbours consent, but this carries higher risk.
- Professional guidance reduces the potential for costly mistakes, disputes, and project delays.
FAQ
What is a party wall agreement?
A legal document specifying responsibilities for construction near shared walls or boundaries to prevent disputes.
When do I need one?
For excavations near foundations or any works affecting shared walls, floors, or ceilings.
What does a party wall surveyor do?
They inspect walls, draft awards, ensure compliance, and resolve disputes impartially.
Can I make an agreement without a surveyor?
Yes, if all neighbours agree, but this increases legal risk.
What documents are needed?
- Party Wall Notice
- Party Wall Award (if surveyor involved)
- Schedule of Condition (optional but recommended)
Why use a surveyor?
Surveyors prevent disputes, provide legal compliance, protect property interests, and manage complex or risky projects.
Get Expert Help With Your Party Wall Award
At Simple Survey, we provide clear, impartial, and affordable advice on all aspects of the Party Wall etc. Act 1996. Whether you’re serving a Notice, responding to one, or resolving a dispute, our qualified team will guide you through the process with minimal stress and cost.
We’re proud to be the UK’s cheapest RICS-registered Party Wall Surveyors, offering professional support without the heavy price tag.
📩 Contact us today at team@simplesurvey.co.uk for fast, reliable advice and a free initial consultation.