What is a Party Wall Agreement?
A plain-English guide to the Party Wall etc. Act 1996.
Overview
The Party Wall etc. Act 1996 is a piece of legislation that applies in England and Wales. It provides a framework for preventing and resolving disputes between neighbours when one of them wants to carry out building work that affects a shared wall or boundary.
The Act doesn't prevent you from doing building work – it simply sets out a process for notifying your neighbours and agreeing how the work will be managed.
When Does the Act Apply?
The Act covers three main types of work:
1. Work to an Existing Party Wall
If you want to cut into, raise, or otherwise alter a wall that sits on the boundary and is used by both properties (a "party wall"), you need to serve notice under the Act.
2. Building on or at the Boundary
If you're building a new wall on or astride the boundary line, the Act applies. This includes extending up to or over the boundary.
3. Excavation Near Neighbouring Foundations
If you're excavating within 3 metres of a neighbour's building and going deeper than their foundations, or within 6 metres if your excavation would cut a 45-degree line from their footings, you need to serve notice.
What Happens When You Serve Notice?
You must give your neighbour written notice before starting work. They then have 14 days to respond:
- Consent – If they agree, you can proceed once the notice period expires. It's still good practice to record the condition of their property first.
- Dissent – If they don't agree, or don't respond, you each appoint a surveyor (or agree on a single surveyor) to prepare a Party Wall Award.
The Party Wall Award
A Party Wall Award is a legal document that sets out:
- What work is permitted
- How and when it will be carried out
- A schedule of condition recording the existing state of the neighbour's property
- Who pays for what (usually the building owner pays for the surveyor's fees)
Common Misconceptions
The Act doesn't give neighbours the right to stop you building. It provides a process for managing the relationship and protecting both parties, but it doesn't create a veto.
Planning permission and party walls are separate matters. Having planning permission doesn't mean you've dealt with party wall issues, and vice versa.
What to Do Next
If you're planning work that might affect a shared wall or boundary, view our party wall services or get in touch to discuss your situation.