A party wall agreement is the outcome of the process set out in the Party Wall etc. Act 1996 that allows building work affecting a shared wall or boundary to proceed with the neighbouring owner’s rights protected. In everyday use the phrase covers both the neighbour’s consent to a notice and the formal award that follows a dispute, so it helps to understand exactly what is meant.
What a Party Wall Agreement Actually Is
Strictly, the Act does not use the words party wall agreement. What people call an agreement is one of two things: either written consent from the adjoining owner in response to a notice, or a party wall award produced by surveyors where consent is not given. Both give the building owner lawful authority to carry out the notified works while safeguarding the adjoining property.
How It Differs From a Notice
A notice is the starting point, not the agreement. The building owner serves a party wall notice to inform the neighbour of proposed works, such as a party structure notice under Section 2 or a line of junction notice under Section 1. The agreement is what follows once the neighbour has responded.
How It Differs From an Award
An award is a formal legal document prepared by appointed surveyors when a dispute is deemed to have arisen. If the neighbour simply consents, no award is needed. If they dissent or fail to respond, the surveyors resolve matters through an award, which is a specific form of agreement made on the owners’ behalf.
| Document | Who produces it | When it applies |
|---|---|---|
| Notice | Building owner | Before works, to inform the neighbour |
| Consent (agreement) | Adjoining owner | Where the neighbour agrees to the works |
| Award | Appointed surveyor(s) | Where a dispute is deemed to arise |
When an Agreement Is Needed
An agreement is needed whenever your works are notifiable under the Act. This includes works to a shared wall, building a new wall on the boundary, and excavating close to a neighbour’s foundations under the 3 and 6 metre rule. Common projects that require agreement include loft conversions, rear and side extensions, basements, and chimney breast removals.
The Consent Route
The simplest and cheapest outcome is consent. After receiving a valid notice, the adjoining owner has fourteen days in which to respond. If they consent in writing, the works may proceed without a formal award. Even so, we strongly recommend recording a schedule of condition of the neighbouring property first, so that any later claim of damage can be judged against a clear baseline.
- Consent keeps costs down and avoids the need for an award
- A schedule of condition protects both owners
- Consent does not waive the neighbour’s right to compensation for damage
Where consent is not given, the process moves to appointed surveyors, as explained on our disputes and resolution page.
FAQs
Is a party wall agreement a legal requirement?
If your works are notifiable, you must serve notice and obtain either consent or an award before starting. Proceeding without one exposes you to the risk of an injunction and to liability for any damage.
How long does it take to reach agreement?
Where a neighbour consents promptly, agreement can be reached within the fourteen-day response window. Where surveyors must prepare an award, the process typically takes a few weeks depending on the complexity of the works.
Does an agreement cost the neighbour anything?
No. The building owner who is carrying out the works normally meets the reasonable surveyors’ fees, as set out in our guide to the costs and the process.
If you need a party wall agreement in place for a project anywhere in London, our RICS-accredited surveyors will guide you through consent or an award as needed. Contact us to discuss your works.