Do I Need a Party Wall Agreement?
Introduction
Embarking on any construction or renovation project is an exciting endeavor, but it often involves various legal considerations, particularly when it comes to shared property boundaries. One critical aspect that property owners should be aware of is the need for a party wall agreement.
In this guide we will explore the factors that determine whether you need a party wall agreement, when and how to tell your neighbours about the work you will perform and what happens if they don't agree.
Overview
You must tell your neighbours if you want to carry out any building work near or on your shared property boundary, or ‘party wall’, in England and Wales.
Party walls stand on the land of 2 or more owners and either:
- form part of a building
- don’t form part of a building, such as a garden wall (not wooden fences) Walls on one owner’s land used by other owners (2 or more) to separate their buildings are also party walls.
Party structures
You can also have a ‘party structure’. This could be a floor or other structure that separates buildings or parts of buildings with different owners, eg flats.
Party wall agreements are different from planning permission or building regulations approval.
Work you must tell your neighbour about
You must tell your neighbour if you want to:
- build on or at the boundary of your 2 properties
- work on an existing party wall or party structure
- dig below and near to the foundation level of their property
Examples of this type of work include:
- building a new wall
- cutting into a party wall
- making a party wall taller, shorter or deeper
- removing chimneys from a party wall
- knocking down and rebuilding a party wall
Your neighbours can’t stop you from making changes to your property that are within the law, but they can affect how and when your works are carried out.
What you don’t need to tell them about
You don’t need to tell your neighbour about minor changes, eg plastering, adding or replacing electrical wiring or sockets, or drilling to put up shelves or cabinets.
When and how to tell them
You must give notice to your neighbour between 2 months and a year before you plan to start building works. Include what you plan on doing.
We recommend speaking to your neighbour to explain the work you want to carry out, before giving notice in writing. Our Party Wall can help produce the notice and response letters required.
Reaching an agreement with your neighbours
Once you’ve given notice your neighbour can:
- give consent in writing
- refuse consent, which will start the dispute resolution process
- serve a counter notice requesting additional works be done at the same time (they’ll have to pay for these if they benefit from the works)
- Your neighbour must let you know in writing within 14 days if they consent to your notice, and you must do the - same with any counter notice. A counter notice must be served within a month of the first notice.
If you can't agree
You must appoint a surveyor if you and your neighbour can’t agree. You can appoint a surveyor together or each appoint your own. The surveyors will then agree on a ‘party wall award’.
This is a legal document which says:
- what work should happen
- how and when it will be carried out
- who will pay for which part and how much will be paid (including surveyor’s fees)
You can’t act as your own surveyor.
Who pays for the work
You need to pay for any building works that you start on a party wall.
Your neighbour may have to meet a share of the cost if the work needs to be done because of defects or lack of repair. They will also need to pay if they ask for additional works to be done that will benefit them.
An appointed surveyor will set out who pays what if you can’t agree.
If your neighbour doesn’t appoint a surveyor
You can appoint a surveyor on behalf of your neighbour if they refuse or fail to do so themselves.
If you don’t agree with the award
You can appeal against an award at a county court within 14 days of receiving it. You need to file an appellant’s notice in a county court, explaining why you’re appealing.
When works begin
When carrying out building works you must:
- avoid causing unnecessary inconvenience
- protect your neighbour’s property from damage caused by the works, and fix or pay for any damage that is caused
Access to your neighbour’s property
Your neighbour must allow surveyors and workmen access to their property during usual working hours to carry out the building works. They must be given 14 days’ notice except in an emergency.