What is a party wall agreement?
As a property owner, you may want to make changes and improvements to your house and land. However, there are certain procedures that you have to follow so that you don’t break any laws or upset people who live in your local area.
If you are planning to start work on a jointly owned party wall, you will need to abide by The Party Wall etc. Act 1996, which applies to all houses in England and Wales. This act was introduced as a way to prevent and resolve disputes that may arise between individuals who own neighbouring properties.
The Act requires property owners to reach a formal agreement with adjoining property owners before they start work on a party wall.
In this guide, we’ll look at the legal aspects of building work on party walls, the notice that you need to give your neighbours and what to do if they oppose the work.
What is a party wall?
Typically, a party wall is used as a barrier to divide one person’s land from their neighbour’s. Party walls can either form part of a building or structure (such as a garden wall) that stands on land belonging to multiple owners. Walls on one person’s land that are used by two or more owners are also classed as party walls.
There are two types of party walls. Type A covers walls that sit astride a land boundary between two or more different owners. This may be part of a building or a wall that separates two or more buildings. The wall may be considered a ‘party fence wall’ if it does not form part of a building but still sits astride the boundary line and forms the separation between lands owned by multiple owners. This includes structures such as masonry garden walls but not wooden fences or hedges.
A Type B party wall stands wholly on one person’s land but is used by two or more owners to separate their properties. The only portion of the wall that is considered ‘party’ is the section that separates the properties.
Property owners may also have a party structure. This could be a floor or another kind of structure that separates sections of a building owned by different owners, such as flats.
Boundary walls (such as fences and garden walls built solely on one person’s land) and external walls (that aren’t positioned on the boundary) are not considered party walls. This means that you don’t require a party wall agreement if you plan to get rid of your garden fence, for example.
When do I need a party wall agreement?
As changes to or around a party wall can affect multiple owners, you need to obtain a party wall agreement before you can carry out any building work to or on the wall. This agreement differs from building regulations and planning permission and only applies to property owners in England and Wales.
You must give your neighbours notice between two months to a year before you plan to start building work. The notice must include a plan of what you are hoping to do. This allows your neighbours enough time to respond to your proposed work before it is due to start. They may ask you to make some adjustments or disagree with portions of the project, which can take time to resolve.
There are a number of projects that need a party wall agreement. You may want to carry out a loft conversion or dig new foundations in preparation for an extension. Your neighbour must consent to the building work if you want to make the party wall deeper, shorter or taller. You must also ask their permission if you want to add or remove a chimney on the party wall or cut down part of the wall. The other property owners must also agree to the building work if you want to remove or rebuild the party wall.
The party wall agreement can also cover work that is carried out within three or six metres of neighbouring buildings and structures, depending on the depth of the hole or the proposed foundations.
You won’t need an agreement for minor work on your side of the party wall. This includes small adjustments such as plastering, electrical work or drilling. It may be a good idea to informally notify your neighbour before you carry out minor work, however, in case the work is loud enough to disturb them.
Your neighbours aren’t able to stop you from making changes to your property if the changes are within the law. However, they can affect when or how the building work is completed if they disagree with all or part of the proposal.
How can I notify neighbours about building work?
You must give your neighbour written notice before you begin any work on or around your shared party wall. There are letter templates and information regarding this type of notice on the government website. Any agreement that is reached between you and the other affected parties must be documented in writing. You should file the agreement in case you need it for future reference.
Although there is no official form that you must use for a party wall agreement, the document must include the following details:
your full name and residential addressthe full address of the property that will have the proposed building worka description of the planned building work (this could include plans)the proposed starting date of the building work
The notice must be dated and delivered at least two months before the proposed starting date of the building work. It’s advisable to specify that the notice has been sent in relation to The Party Wall etc. Act 1996.
You can send the required notice to your neighbours by post or deliver it by hand. The notice can also be sent via email if the recipient has provided their email address and agreed that the notice can be sent to them digitally.
Some property owners choose to speak to their neighbours in person before giving them written notice. This allows them to explain the work that they plan to do and discuss any issues that the neighbour may have. However, any verbal agreement reached is not legally binding. You must ask all parties involved to formally sign the written agreement if they consent to the proposed building work.
Is it a legal requirement to have a party wall agreement?
You must notify adjoining owners if you plan to carry out work on a party wall. This includes any work that you plan to do to your side of the wall. However, The Party Wall etc. Act 1996 doesn’t feature enforcement procedures if you fail to serve the notice.
In the instance that you fail to formally notify adjoining owners of your proposed work and therefore don’t obtain a written party wall agreement, the adjoining owners can seek to stop the work. They may take the matter to court if they disagree with the work and haven’t formally agreed to it. An adjoining owner can’t stop you from exercising your right to build on or change the wall, but they can influence how and when the work is completed.
The Party Wall Act requires property owners to minimise disruption and inconvenience to adjoining property owners. This means that you must work with adjoining owners to make sure that the work won’t affect access to their property or any other issues. You must also provide protection for adjacent buildings and property so that they aren’t damaged. If any damage does occur, you are responsible for making good any damage caused or providing payment in lieu of repairs if requested by the adjoining property owner.
What should I do if my neighbour ignores a party wall notice?
When you serve a party wall notice, your neighbour may do one of three things – agree, disagree or ignore the notice. In the instance that you get no response from your neighbour within 14 days of them receiving the notice, it will be deemed as a dispute. The best course of action is to try and contact your neighbour again and attempt to appoint an Agreed Surveyor who can resolve the dispute.
In some cases, each owner may choose to appoint their own surveyor. The two surveyors must then work together to draw up an award. If the two appointed surveyors cannot reach an agreement, they must jointly select a third surveyor who will be asked to make an award. An award is a document that lists the agreed changes that can and will be made to the shared party wall.
The appointed surveyors are obliged to resolve the matter in a practical and fair way. They must consider the interests and rights of both you and your neighbour so that they can impartially draw up an award. The surveyors must liaise with their appointed owners so that they can understand and present the preferred outcomes that you are your neighbour have individually decided. However, past this discussion, the surveyors won’t act as representatives of you or your neighbour and must proceed in an impartial manner.
What should I do if my neighbour disagrees with the party wall agreement?
Your neighbours may present an objection to all or part of your proposed work for the party wall within two weeks of receiving the notice. Their response must state whether they intend to serve a counter-notice. If they want to propose modified or additional work that they would like carried out, the counter-notice should be sent within one month of the original notice.
You can decide whether you agree with the proposed changes that are featured in the counter-notice. You and your neighbour will then have to sign a written document that specifies the agreed changes to the party wall.
If you receive a counter-notice, you must respond to it within 14 days, otherwise, this will be deemed as a dispute. In the instance that you and your neighbour cannot reach an agreement, you may need to appoint a surveyor who can resolve the disagreement.
FAQs
What does a surveyor do?
An appointed surveyor should aim to resolve a party wall dispute and create a party wall award. This document will set out when and how the work will be completed, along with any additional work that is required. The award may also contain a condition of the adjoining property before the work begins so that any damage caused by the work can be properly recorded.
It’s a good idea to keep a copy of the party wall award so that you can file it with your property deeds once the work has been completed. Your neighbour can also keep a copy of their property deeds to help verify the party wall agreement for future reference.
You and your neighbour may decide to appoint a surveyor to help resolve a party wall dispute. The individual can be anyone who is not directly involved with the issue or hasn’t been previously asked to supervise the building work. The surveyor should have a good working knowledge of the Party Wall Act and construction procedures.
It’s a good idea to hire someone who is a qualified building professional and has previous experience or knowledge of party wall matters. You cannot appoint yourself as a surveyor.
Who pays for work on a party wall?
You are responsible for paying for any building work that you start on the party wall. However, your neighbour may be required to share the cost if the work is required due to disrepair or defects. The adjoining owner will need to pay for additional work done to the party wall if it will benefit them.
An appointed surveyor can decide how building work will be paid for if you and your neighbour can’t reach an agreement.
How much does a party wall agreement cost?
A party wall agreement is free, as you can draft the documents yourself. However, you may have to pay for party wall surveyors, who will likely charge you at an hourly rate for however long it takes to resolve a dispute between you and the adjoining property owners.
Summary
Party wall agreements are required under The Party Wall etc. Act 1996. As a building owner, you must provide adjoining property owners with a written notice if you want to do building work to or around a shared party wall. This could include changes to the height or depth of the wall or adjusting the structure of the wall.
The party wall may form the border between your land and the land owned by your neighbours. The wall may also form part of the building and internally divide your properties, such as the separating wall in semi-detached houses. Party fence walls don’t form part of a building but are used to separate sections of land that belong to different owners.
If your neighbour doesn’t agree to the proposed building work to the party wall, they can give you a counter-notice that specifies modifications to the work. You and your neighbour can hire a joint surveyor or separate surveyors if you cannot reach an agreement about the work amongst yourselves.
