Question

What is a party wall agreement, and when do you need one?

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Answer

A formal procedure for notifying neighbours about work affecting a shared or adjoining structure, and agreeing how it will be done. In England and Wales it is a statutory process under the Party Wall etc. Act 1996 — not optional, and not something a neighbour's verbal agreement replaces.

What counts as a party structure: a wall shared between two properties; a wall standing on the boundary; a floor or ceiling between flats; and a garden wall built astride the boundary.

The three types of notifiable work:

Work directly to a party wall — cutting into it, removing chimney breasts, raising, underpinning, inserting a beam, or demolishing and rebuilding. Two months' notice.

Building a new wall at or astride the boundary. One month's notice.

Excavating within three metres of a neighbouring structure to a depth below its foundations, or within six metres where a line drawn at 45 degrees from their foundation would intersect your excavation. One month's notice. This catches a great many extensions and basements where people never imagined the Act applied.

What happens next. The neighbour can consent in writing, which ends the process. If they dissent — or, importantly, do not respond within 14 days, which counts as dissent — surveyors are appointed. Each side may appoint one, or both may agree a single "agreed surveyor". The surveyors produce an award setting out how and when the work proceeds, and usually a schedule of condition recording the neighbour's property beforehand, which protects both parties if damage is later alleged.

Who pays. Generally the person doing the work, including the neighbour's surveyor's fees, which is the fact that most surprises people.

What it does not do. It is not planning permission or building control, which are separate. A neighbour cannot veto notifiable work — the process governs how it is done, not whether.

If you skip it, the neighbour can seek an injunction halting the work, and you lose the protection of a schedule of condition.

England and Wales only; Scotland and other jurisdictions differ. General information, not legal advice.

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