Party wall agreements: when one is needed, how long it takes and what it contains

Party wall agreement is what most people call the outcome of the notice procedure, whether that outcome is written consent or a surveyors' award. The distinction matters because one is free and immediate and the other takes weeks and costs money. Everything in the process is aimed at reaching the first, and the Act exists so that failing to reach it does not stop the work.

Get asbestos quotes

When do you need a party wall agreement?

Whenever notifiable work is proposed and an adjoining owner does not consent in writing. If they consent, there is no award and nothing further to do beyond keeping the consent safe. If they dissent or stay silent, surveyors are appointed and an award follows.

How long does a party wall agreement take?

Allow the notice period first, then time for appointments, an inspection of the adjoining property, and the drafting and service of the award. In an uncomplicated case that is a matter of weeks after the notice period; a contested case with three surveyors takes longer, and a basement usually takes longest.

How long does a party wall agreement last?

An award authorises the works it describes, and the Act contemplates that the works begin within twelve months of the notice. Work that has not started by then generally needs the notice serving again, and work that changes materially needs an addendum award.

What the award contains

The works authorised, the way they are to be carried out, the hours, the access arrangements, the schedule of condition, the surveyors' fees and the mechanism for dealing with damage. It binds both owners and their successors, and it is appealable to the county court within fourteen days.

Do I need party wall agreement paperwork, or just a notice

You need a notice; whether you end up with an agreement depends on the neighbour. Serve the right notice for the work and the neighbour either consents in writing, in which case there is no award and no surveyors, or dissents, or says nothing for fourteen days, which counts as dissent. On dissent, surveyors are appointed and the award follows. So the honest answer to the search is that the notice is the legal requirement and the agreement is what happens when the answer is no, which is why a short conversation before the notice arrives is worth more than any template.

Questions people ask about party wall agreements

Do I need a party wall agreement for an extension?

Only if the extension involves notifiable work: cutting into or building off the party wall, building at the boundary, or excavating within the section 6 distances. Many single storey extensions do all three.

Can I start work while waiting for the agreement?

Not on the notifiable elements. Work that has nothing to do with the party structure or the excavation can proceed, but starting the notified works before an award is in place exposes the building owner to an injunction.

What if my neighbour just agrees verbally?

The Act asks for consent in writing. A verbal agreement leaves you with no record if the neighbour changes their mind or sells, and the next owner is not bound by a conversation.

Is a party wall agreement template free anywhere, and should you use one?

Templates circulate and the honest answer is that the useful document is not the one people search for. What the Act actually requires first is a NOTICE, and the standard notices are simple and available from the government's own explanatory booklet, so a template there saves a little time and costs nothing. The award, which is what people mean by the agreement, is a surveyor's document: it records the works, the condition of the neighbour's property before they start, the hours, the access and who pays, and it is made by appointed surveyors rather than agreed between neighbours. A template award drafted by the parties is not an award.

Party wall agreement chimney breast removal: does it need a notice?

Usually yes, because removing a chimney breast cuts into the party structure, and that is section 2 work which requires notice. The neighbour's concern is real rather than technical: the breast above is often left supported by a gallows bracket or needs a beam, and the flue it served may be shared. So the notice, and the award if the neighbour dissents, deal with the support method, who inspects it, and the condition schedule for the neighbour's side of the wall. Doing it without notice is the case that most often ends in an injunction, because the damage shows up on the other side of the wall.

What does building against a party wall require?

It is section 1 work if you are building a new wall on or at the line of junction, and section 2 work if you are cutting into or building against an existing party wall, and both need notice. The practical questions the notice and any award settle are whether the new wall sits astride the line or wholly on your land, who owns and maintains it afterwards, how the neighbour's wall is weatherproofed where you have exposed it, and the condition schedule for their side. Building against without notice is the case that ends in an injunction, because the evidence is on somebody else's property.

Sources

Get an asbestos quote from contractors on HSE's own licence register

Free for duty holders and property owners. Your details go to contractors covering your area, not to a call list. We may email you about this enquiry and similar services from this site; opt out any time, including from the first message.

Related answers

Get asbestos quotesSearch the register