Party wall agreements: notices, surveyors and awards (England and Wales)

What counts as a party wall

GOV.UK and the explanatory booklet describe three kinds:

• a wall standing on the land of 2 or more owners that forms part of a building;
• a wall standing on the land of 2 owners that is not part of a building, such as a garden wall (but not a timber fence);
• a wall on one owner’s land used by 2 or more owners to separate their buildings.

A party structure is a floor or other structure separating parts of a building in different ownership, as in flats.

Work that needs a notice, and the notice period

You do not need to notify minor work such as plastering, adding or replacing wiring or sockets, or drilling to put up shelves (GOV.UK). You can start earlier than the notice period only with your neighbour’s written agreement. A party wall agreement is separate from planning permission and building regulations approval: you may need all three.

GOV.UK’s own wording is “between 2 months and a year before you plan to start”. Your neighbours cannot stop work that is within the law, but they can affect how and when it is done.

What your neighbour can do after the notice

1. Consent in writing within 14 days. The work can go ahead as agreed.
2. Refuse, which starts the dispute procedure.
3. Do nothing. For work to an existing wall or an excavation, no written consent within 14 days means a dispute is deemed to have arisen. For a new wall astride the boundary, no consent means you must build it wholly on your own land, at your own expense.
4. Serve a counter-notice within one month, asking for extra work for their own benefit, which they pay for. You must answer it within 14 days.

GOV.UK is explicit: you cannot assume that no response means agreement.

When there is a dispute: surveyors and the award

You and your neighbour either agree on one agreed surveyor, or each appoint your own; the two then select a third surveyor, called in only if they cannot agree. You cannot act as your own surveyor. If your neighbour refuses or fails to appoint one, you can appoint a second surveyor on their behalf.

The surveyors produce a party wall award, a legal document setting out what work happens, how and when, and who pays for what, including the surveyors’ fees. Surveyors must act impartially, not as each owner’s representative.

Appeal. Either owner can appeal to the county court within 14 days of the award being served. The booklet warns that an unsuccessful appellant may have costs awarded against them.

Who pays

• The building work: the person who starts it pays, unless the work is needed because of defects or lack of repair, in which case costs are shared by use and responsibility, or the neighbour asked for extra work that benefits them.
• The surveyors: usually the building owner pays all costs of the award, including the neighbour’s surveyor, when the work is solely for their benefit. The surveyors decide.
• How much: the booklet says there are no set charges. Fees are negotiated; you can ask for a breakdown (hourly rate, hours) if you think them unreasonable. In residential cases, an agreed surveyor is “preferable” to keep costs down.

Security. A neighbour worried about work stopping halfway can ask, before it starts, for security such as money, a bond or insurance; the surveyors decide if the owners do not agree.

During the works

You must avoid unnecessary inconvenience, protect the neighbour’s property, and fix or pay for any damage. Your neighbour must let workers and surveyors in during usual working hours, with 14 days’ notice except in an emergency. The Act itself has no enforcement procedure: the booklet points to the civil courts.

Buying or selling a home with party wall work

GOV.UK lists party wall agreements among the papers a seller may need to give a buyer. If you are buying a terraced or semi-detached home where an extension or loft conversion was done, ask your conveyancer whether a notice or award exists.

Which professional to consult

A surveyor can act as a party wall surveyor; the booklet says almost anyone not party to the matter can, but recommends good knowledge of construction and of the Act. A conveyancer checks the paperwork when you buy or sell. For where the boundary itself runs, see property boundaries: party wall surveyors cannot decide a boundary dispute.