• 22 July 202522 July 2025
• by newhomesinspectionsuk.com

🧱 What Is a Party Wall Agreement?

Party Wall Agreements or a party wall agreement is a legally binding document required when building work affects a shared wall or structure between two properties. Under the Party Wall etc. Act 1996, this applies to homeowners in England and Wales undertaking works like:

• Constructing walls on a boundary line

• Altering a party wall (e.g., cutting into it or underpinning it)

• Excavating near a neighbour’s foundations

It’s all about communication, planning, and protecting both parties’ properties from damage and unnecessary legal disputes.

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🏠 When Do You Need a Party Wall Agreements need notice?

You’re legally required to serve a Party Wall Notice when:

1. Building a New Wall on the Boundary (Section 1)

If you’re building along the line that divides two properties, a notice must be given at least one month before work begins.

2. Working on a Shared Wall or Structure (Section 2)

Includes work like:

• Underpinning

• Raising or thickening a wall

• Cutting into or demolishing a shared wall

• Repairing fire or water damage on a shared structure

This notice needs to be served two months in advance.

3. Excavating Near a Neighbour’s Property (Section 6)

You must serve notice if you’re digging:

• Within 3 meters of a neighbour’s foundation and going deeper

• Within 6 meters and affecting a 45-degree line from their foundation base

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📝 How to Serve a Party Wall Agreements Via aNotice

Notices must be accurate and include:

• Your name and address

• Description of works

• Site location and dates

• Reference to the relevant section(s) of the Act

• Supporting drawings

You can serve this directly or appoint a Party Wall Surveyor to do it on your behalf.

⚠️ Invalid notices (wrong names, missing info) can cause legal delays and void the process. Always double-check details, or consult a professional.

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👥 How Neighbours Can Respond to Party Wall Agreements?

Neighbours (called adjoining owners) have 14 days to reply. They can:

• Consent: Work can proceed, but you’re still liable for any damage caused.

• Dissent: This triggers a formal dispute resolution process where one or more surveyors get involved to draw up a Party Wall Award.

If there’s no response within 14 days, it’s assumed to be a dissent, and the dispute process starts.

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⚖️ What Is a Party Wall Award?

A Party Wall Award is the outcome of the dispute process. It sets out:

• The scope of the work

• Working hours and methods

• Protective measures

• Access rights

• Who pays for what (including damage repairs and surveyor fees)

If two surveyors are appointed, they must agree on a third surveyor to step in if there’s a disagreement.

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🔍 Do Surveyors Always Get Involved?

Not always. If both parties are on good terms, they may appoint one Agreed Surveyor to manage everything.

However, in more contentious cases, it’s common for each party to appoint their own surveyor, which adds time and cost. Surveyor fees typically fall to the building owner unless both parties benefit from the works.

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🛠️ What If There’s Damage?

If your work causes damage—like cracks, damp ingress, or subsidence—the Party Wall Award provides guidance on resolving it fairly. This might involve:

• Monitoring movement

• Repairs and redecoration’s

• Cost contributions from one or both sides

A pre-works condition survey (including photos) is incredibly valuable here—it sets a clear baseline in case disputes arise.

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💰 Cost Sharing and Contributions

If both neighbours benefit from the work (e.g., underpinning a shared wall), the adjoining owner may be required to contribute to the cost. This is handled under Section 11 of the Act and confirmed through the award process.

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🚫 What If You Skip the Notice?

Failing to serve a Party Wall Notice can be catastrophic.

Real case: A property collapsed due to adjacent excavation without notice. The neighbour’s insurer successfully claimed the full cost of rebuilding, accommodation, and fees against the developer.

💡 Moral: Serve notice. Always.

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🔧 Common Scenarios (and Whether You Need a Notice)

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✅ Summary: What You Need to Do

1. Identify if your work falls under the Party Wall Act.

2. Serve notice well in advance (1–2 months depending on the type of work).

3. Engage a surveyor if required.

4. Get a Party Wall Award if your neighbour dissents.

5. Document everything, especially pre-existing conditions.

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Need Expert Support with Party Wall Matters?

At New Homes Inspections, we offer clear guidance, surveys, and professional advice on Party Wall obligations. Whether you’re a homeowner, builder, or loss adjuster—we help you stay compliant, avoid disputes, and protect your property.

👉 Book a consultation today
📸 See real-life inspection examples
📞 Call us on 0115 671 3446

✅ Internal Links:

• Book an Inspection

• Inspection Gallery

• Inspection Services

• Party Wall Notice Template

• Neighbour Building Without Agreement

🏛️ 1. Gov.uk – Official Party Wall etc. Act 1996 Guidance

• URL:
  🔗 https://www.gov.uk/guidance/party-wall-etc-act-1996-guidance

• Description:
  This is the UK Government’s official homeowner and building owner guidance explaining when and how the Act applies, including templates and dispute processes. It’s ideal for linking to “further reading” sections or referencing legal timeframes.

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🏗️ 2. RICS (Royal Institution of Chartered Surveyors) – Party Wall Guidance

• URL:
  🔗 https://www.rics.org/profession-standards/rics-guidance/party-wall-legislation-and-procedure-7th-edition/

• Description:
  RICS offers a professional-standard guide titled “Party Wall Legislation and Procedure”, now in its 7th edition. It’s a gold-standard resource for surveyors and reinforces your authority when you mention compliance or best practice.

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🧱 3. NHBC (National House Building Council) – Technical Guidance

• URL:
  🔗 https://www.nhbc.co.uk/homeowners/home-maintenance-and-advice/your-legal-rights

• Alternative link for professionals:
  🔗 https://www.nhbc.co.uk/builders/products-and-services/technical-standards/

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FAQs About Party Wall Agreements

Q: What happens if I start work without a party wall agreement?
A: Your neighbour can seek an injunction to halt work—and you may be liable for damage and legal costs.

Q: Can I do the notice myself?
A: Yes, but it’s highly recommended to appoint a professional surveyor to avoid errors and disputes.

Q: Is a Party Wall Award legally binding?
A: Yes. It can only be challenged via appeal in the County Court within 14 days of issue.

Q: Do I need a Party Wall Agreement for internal renovations?
A: Only if they affect a shared structure (like removing a chimney breast on a party wall).

✅ Legal Disclaimer:

This article is for general informational purposes only. It does not constitute legal advice. For personalized guidance, please consult a qualified surveyor or solicitor.