Do you need a Party Wall Agreement?
- Blue Lava Architecture
- Mar 6
- 4 min read
Understanding the Party Wall Act: Everything you need to know as a homeowner
When planning a home renovation or extension, one essential legal requirement that is often overlooked is the Party Wall etc. Act 1996. This UK legislation aims to prevent disputes between neighbours when construction affects shared walls or boundaries.
Here’s everything you need to know about the Party Wall Act and how to navigate it smoothly.
Frequently Asked Questions:
What is a Party Wall? A party wall is a wall shared by two properties along their boundary. Both owners have joint ownership of the wall. The Act applies to:
Walls that stand on the land of two adjoining owners e.g dividing walls in terrace and semi- detached houses
Walls that are wholly on one owner's land but are used by two or more properties e.g walls that separate flats in a converted house
Garden walls that sit on the boundary between two properties (excluding wooden fences)
Floors and walls between flats e.g internal party structures in multi-storey buildings
Excavations close to a neighbours building, even if the work doesn't directly touch the party wall.
Do you need a party Wall Agreement?
You will need to obtain a Party Wall Agreement if you intend to carry out any of the following work on or near a party wall:
Carrying out structural work on a party wall. For example:
Removing a chimney breast shared with a neighbour.
Inserting steel beams into the party wall.
Changing the thickness, height, or alignment of the wall.
Constructing a new extension wall or garden wall alongside or on the boundary line.
Carrying out any work that could affect the stability or appearance of a party wall.
Excavating within 3-6m of a neighbours foundation (depth dependent).
What information should the Party Wall agreement include?
Your name and address
A clear description of the planned work
The date the work is set to begin, this must be at least:
2 months in advance for party wall work.
1 month in advance for excavation work, or;
in some cases sooner with valid reason and written agreement from the adjoining owner.
Copies of plans and drawings (if applicable)
This notice can be served personally or via post, but it is always recommended to get written proof of delivery.
What is the Party Wall Agreement process?
Serve a party wall notice Firstly, the property owner should serve a party wall agreement to all relevant adjoining owners, 2 months prior to the building work commencing.
Failure to serve a party wall notice when required can lead to disputes and potential legal consequences. If your neighbour agrees, you can proceed. If they dissent or don't respond, a Party Wall Surveyor must be appointed to settle the matter fairly.
Wait for a response from your neighbour Once the notice has been served, your neighbour has 14days to respond.
If they consent - you can proceed with the work as planned.
If they disagree or fail to respond - You are technically 'In dispute' and a party wall surveyor must be appointed to create a legally binding Party Wall Award.
The neighbour may request certain conditions be met before they consent.
Appointing a Party Wall Surveyors If your neighbour objects or doesn't respond within 14 days, both parties must appoint a Party Wall Surveyor. You can either:
Both agree and both appoint a single surveyor, who will then act impartially, or
You will each need to appoint your own party wall surveyor. The two surveyors will then work together to create a Party Wall Award.
The Party Wall Award A Party Wall Award is a legally bunding document prepared by the surveyor. This document will:
Outline the scope of work allowed
Specifies precautionary measures to protect both properties
Determines who is responsible for damages or repairs
May require a schedule of condition report, documenting the state of the neighbouring property before work begins.
Work Begins - Compliance and Ongoing Monitoring Once the Party Wall Award is finalised you are then able to proceed with your work. Although, you must adhere to the conditions set out in the Party Wall Award.
What Happens if you ignore the Party Wall Act?
Due to the Party Wall Act being a legally binding document, it is essential that you do not ignore the act. The following consequences can occur of you chose to ignore the Act:
Your neighbour can file for an injunction - this can halt your construction work.
You can face legal action and fines - if your neighbours property gets damaged, you would be liable for all repair costs and any legal fees that may arise.
Your project could face significant delays.
You may struggle to sell your home.
Who Pays for the Surveyor?
In most cases, he person carrying out the work pays for the surveyor. However, if the work is required due to damage from your neighbour's negligence, they may be responsible for the costs.
Our Top Tips for a Smooth Process
Talk to your neighbour first - try to resolve any concerns without formal disputes.
Plan ahead - make sure to factor in the the notice period and surveyor costs into your project timeline and budget.
Keep written records - document all agreements, notices and reports
Always comply the with Award to avoid legal trouble.
Need Expert Advice?
Navigating the Party Wall Act can be complex, but with the right guidance, it doesn’t have to be stressful.
At Blue Lava Architecture, we can help ensure your project meets all legal requirements while keeping good relationships with your neighbours.
💡 Need help with your project? Contact us today for expert guidance on planning, design, and compliance!
Comentários