Do you need a party wall agreement?

A party wall agreement is the everyday name for the paperwork that settles building work on a shared wall. Here's what people usually mean by it, which jobs it tends to come up for, and where to start.

Written by Sorted, not stressed. Our founder rebuilt his own home after a major fire. Updated .

The short answer

It depends on the work you're planning.

In England and Wales, the Party Wall etc. Act 1996 covers three kinds of work: building a new wall up to or astride the boundary, most work to an existing shared wall, and digging near next door's building below the level of its foundations. Minor jobs such as fixing shelves, cutting in for sockets or replastering may be too minor to need notice.

On this page

If you’re planning a loft conversion or an extension, someone has probably asked whether you’ve got your party wall agreement sorted. It’s a reasonable question with a slightly confusing name. This guide explains what people usually mean by it and whether it applies to you.

A party wall is a wall you share with the house next door, like the one between two terraced or semi-detached homes. If you’re new to the subject, the party walls overview covers the basics.

What people mean by a party wall agreement

“Party wall agreement” is the name most people use for whatever settles the work between you and your neighbour. In practice it usually means one of two things.

Your neighbour’s written consent. You tell next door what you’re planning, and they agree to it in writing. Under the Party Wall etc. Act 1996, consent has to be in writing. It confirms there’s nothing in dispute at that time, but it doesn’t release you from your other duties under the Act.

A surveyor’s document. If your neighbour doesn’t agree, or would rather have the work looked at, one or more surveyors draw up a document setting out how and when the work will be done. Its official name is an award, often called a party wall award. It can settle whether the work can go ahead, when and how it’s done, and who pays the costs. It’s binding on both neighbours unless one of them appeals to the county court within 14 days of receiving it.

Either way, the starting point is the same. You tell your neighbour about the work, and that formal step is called a party wall notice. Consent is normally a written reply to that notice. For work to the shared wall itself, the Act also allows the work to go ahead with the written consent of the neighbouring owners and occupiers.

Common jobs and whether they need notice

Here are the jobs that most often bring up the question. Your architect or builder should be able to tell you which parts of your plans touch the shared wall or the ground near it.

  • Loft conversion. Your drawings will show whether yours cuts into the shared wall, for example to support new beams. Cutting into a party wall to take the end of a beam needs notice at least two months before work starts.
  • Rear or side extension. It depends on where the new walls go and how close the foundations are to next door. Building a new wall up to or astride the boundary needs at least one month’s notice, and you can only build it astride the boundary if your neighbour agrees. Digging the foundations may need notice too (see the next point).
  • Digging foundations near the boundary. This covers new foundations and some basement work. You need to give at least one month’s notice if you dig within 3 metres of a neighbour’s building and go deeper than its foundations, or within 6 metres and cut through a line drawn down at 45 degrees from the bottom of its foundations.
  • Work on the shared wall itself. This includes cutting into it, raising it, thickening it or taking out a chimney breast. Most work to the wall itself needs notice at least two months before you start. That includes cutting into it, raising, thickening or underpinning it, demolishing and rebuilding it, and cutting away a chimney breast that sticks out from it.
  • Smaller jobs. Putting up shelves, fitting kitchen units or replastering the wall come up a lot too. The GOV.UK explanatory booklet says drilling in to fix shelves or wall units, cutting in for recessed wiring and sockets, and replastering may be too minor to need notice.

If you’re unsure after reading your drawings, ask whoever drew them. It’s a question they get often.

Start by talking to your neighbour

When it isn’t so simple

Sometimes a neighbour isn’t comfortable with the work, or just wants someone to check it on their behalf. That’s a normal thing to ask for, and it doesn’t mean a falling out. It means surveyors get involved and the surveyor’s document takes the place of a simple yes. If your neighbour doesn’t give written consent within 14 days, the Act treats that as a dispute. They can’t stop you using your rights under the Act, but surveyors then settle how and when the work is done.

If you’re the one doing the work, it’s worth budgeting for that possibility from the start. The GOV.UK booklet says the person doing the work usually pays all the costs of drawing up the award. The surveyors decide who pays, and a neighbour may have to share costs where work is needed because the wall is defective or in disrepair.

Your next steps

Pick the guide that fits where you are.

Sources