What is a Party Wall Agreement?

Written by Adele MacGregor

16th Mar 2023 (Last updated on 22nd May 2023) 5 minute read

When Would I Need a Party Wall Agreement?

A Party Wall Agreement would be required to set out the planned works on a shared existing wall. If an agreement cannot be made between neighbours, they are also used when a dispute arises. For example:

• If your neighbour has rejected or disputed a Party Wall notice with a counter notice
• If your neighbour hasn’t responded to the notice

You cannot begin work until a Party Wall Surveyor has finalised an Agreement. Doing so could result in prosecution.

What Does a Party Wall Agreement Contain?

The Agreement provides details about the obligations to neighbours and their properties. This includes alterations that may directly impact neighbouring buildings and inconvenience caused. It also notes excavations within 6 metres from the boundary if a neighbour’s home may be affected.

It ensures your neighbour does not suffer damage or loss on their property due to the work taking place.

The agreement will:

• Detail the costs involved (including surveying costs) and who is responsible for paying
• Outline the proposed works and start date
• Record the condition of the building on the neighbours' side
• Detail all access requirements for the work

What Work Requires a Party Wall Agreement?

This would be regarding alteration, improvements or construction on the following:

• Building work on a shared wall with your neighbour
• Various work carried out on a floor or ceiling shared by a neighbour (for example, in flats)
• Basement and loft conversions
• Extensions which impact the party wall
• Building work at or on the boundary of an adjoining neighbour's property
• Excavating within six metres below the foundation level of a building or structure
• Removal of chimney breasts or stacks if they are part of a Party Wall
• Repair work on sewers, drains, chimneys, eaves and the like that are used in common with neighbours.

Minor work on internal walls, such as putting up wall units or pictures, will not need an agreement or notice.

Is a Party Wall Agreement Always Necessary?

A Party Wall Agreement may not always be necessary. For example, if your neighbour agrees to your notice and gives written consent for the work to take place.

That said, keep in mind that the Agreement is a legal document protecting both the homeowner and adjoining owners. Without this, you could find the work being halted or without protection under the Party Wall Act. It also lays out the plans for the work and rights of all parties in a fair and practical way.

What is the Difference Between a Party Wall Notice and Party Wall Agreement?

The difference between a Party Wall Notice and an Agreement is that a formal notice does not need a surveyor, but an Agreement will.

The notice must be sent first and this can be done by the homeowner without the assistance of a surveyor. An Agreement, however, must be drawn up a Party Wall Surveyor. This takes place after the initial notice to any adjoining owners.

Serving a Party Wall Notice

There is no official form for giving notice under the Party Wall Act but the notice must include:

• Your full name and address (including the name of any joint owners)
• The address of the building where work will take place
• A full description of the planned works. If you have plans, you should include these for clarity
• The planned start date for the works
• If you plan on strengthening or safeguarding the adjoining owner's property

The Party Wall notice must be in writing and be given two months before building work begins. One month’s notice is required for excavations. This starts the process under the Party Wall Act. Your neighbour then has 14 days to respond. They can accept, dispute or come back with amendments.

What If My Neighbour Rejects the Agreement?

Once a Party Wall Agreement has been drawn up a surveyor, adjoining owners can only dispute it in County Court. They must submit their appeal within 14 days.

This is likely to delay the work you have planned, so keep this in mind. As we have stated above, staying civil with your neighbour is key in Party Wall matters.

For more information see: Can My Neighbour Refuse Party Wall Agreement?

How Much Does it Cost?

The hourly rate for a Party Wall Surveyor in the UK is currently between £90 and £450 on average. Reportedly, Party Wall Surveyor costs are on average around £1,000-£2000. Keep in mind that this will depend on various factors.

The time spent on the matter and complexity of the dispute will contribute to the overall cost. If an additional survey is required to settle the matter and help draw up the agreement, this will also need to be factored into your costs. Your location may also be a factor, with surveyors charging more in affluent areas. For example, you could expect to pay more for a party wall agreement in London.

For more information see: How Much Are Party Wall Surveyor Cost?

Finding a Solicitor for a Party Wall Agreement

You cannot act as your own surveyor in Party Wall Matters. The surveyor must be independent and usually will be agreed upon by both the homeowner and adjoining owners. If an agreement cannot be made with the initial surveyor, a second or even third surveyor may be needed to settle the matter.

If you find yourself needing a Party Wall Surveyor when planning work on your home, there are a few ways you can find the right local expert for you.

• Ask family and friends for recommendations
• Look at companies on the RICS website
• Check the RPSA website
• Read local company reviews
• Compare Party Wall Surveyors on a comparison site

At Compare My Move, we can match you with up to 6 local RICS or RPSA party wall surveyors. Many of these can help with Party Wall matters and draw up a Party Wall Agreement for you.