A “party wall agreement” is the everyday name for a Party Wall Award: a legal document prepared by surveyors under the Party Wall etc. Act 1996. It sets out what work a building owner may carry out next to a neighbour’s property, how and when it will be done, and who pays.
You only need an Award if your neighbour does not consent to the work you have notified them about. If they consent in writing, no Award is required, although a Schedule of Condition is still sensible.
K&A Surveyors has served more than 500 Party Wall Awards since 2020 across Kent, London, Essex, Surrey and Sussex. This guide explains how the process works in practice.
This article is general guidance, not legal advice. Every project is different, so speak to a surveyor before serving or responding to a notice.
Key Takeaways
- A party wall agreement is a Party Wall Award, made by one or more surveyors under section 10 of the Party Wall etc. Act 1996.
- An Award is needed when a neighbour dissents to a notice, or does not reply within 14 days.
- It records the condition of the neighbour’s property, describes the work and sets conditions for carrying it out.
- The building owner normally pays the reasonable fees of all the surveyors involved.
- Either owner can appeal an Award to the County Court within 14 days of it being served.
When do you need a party wall agreement?
The process starts with a Party Wall Notice, not an agreement. If you plan notifiable work, you must serve notice on every adjoining owner before you start. Typical projects include:
- Loft conversions that cut steel beams into a party wall
- Removing a chimney breast from a party wall
- Rear and side extensions with foundations close to a neighbour’s
- Building a new wall on, or astride, the boundary line
- Work to the floors and walls between flats
The notice period depends on the type of work: two months for work to an existing party wall, and one month for a new boundary wall or nearby excavation. Our guide to Party Wall Notices explains each type and how to serve them.
Once the notice is served, your neighbour has 14 days to respond. They can:
- Consent to the work. No Award is needed.
- Dissent and agree to one surveyor (an “Agreed Surveyor”) acting impartially for both owners.
- Dissent and appoint their own surveyor, who works alongside yours.
If they do not reply within 14 days, a dispute is treated as having arisen. An Award is then required before the work can start.
What does a Party Wall Award contain?
A Party Wall Award is written by the surveyors, not by the owners. It normally includes:
- A description of the work, with the drawings and engineer’s details it relies on
- A Schedule of Condition of the neighbour’s property, with photographs, recorded before work starts
- How the work must be done, including protective measures, working hours and access arrangements
- The time allowed for the work
- Who pays the surveyors’ fees, and any other costs
- How damage will be dealt with, if any is caused
The Schedule of Condition matters most if something goes wrong. Without a clear record of cracks and defects before work starts, it is very hard to show later what the building work caused.
The role of the party wall surveyor
A party wall surveyor’s duty is to the Act, not to the owner who appointed them. Even when each owner appoints their own surveyor, both surveyors must act impartially.
There are two ways to appoint surveyors:
| Arrangement | How it works | When it suits |
|---|---|---|
| Agreed Surveyor | One surveyor acts for both owners | Straightforward work and good neighbour relations. Usually quicker and cheaper |
| Two surveyors | Each owner appoints their own. The two surveyors select a Third Surveyor at the start, who is only called on if they cannot agree | The neighbour wants their own representative, or the work is complex |
At K&A Surveyors we act as Building Owner’s Surveyor, Adjoining Owner’s Surveyor and Agreed Surveyor. If you have received a notice, our Party Wall service explains how we can act for you.
Who pays for a party wall agreement?
In most cases, the building owner pays the reasonable fees of every surveyor involved, including the neighbour’s surveyor. The work is for the building owner’s benefit, so the Act places the cost on them.
What a party wall agreement costs depends on:
- How many adjoining owners there are, since each may need their own Award
- Whether one Agreed Surveyor or two surveyors are appointed
- How complex the work is, for example basement excavation compared with a single beam
- The size and condition of the neighbour’s property, which affects the Schedule of Condition
An Agreed Surveyor is usually the most economical route. Talking to your neighbours before you serve notice makes it more likely they will accept one.
The Act also lets an adjoining owner ask for security for expenses: money held before the work starts to protect them if the work is not completed. The surveyors decide whether it is reasonable.
How long does a Party Wall Award take?
The timescale depends on three things: how quickly the neighbour responds, how many surveyors are involved, and whether the drawings and structural details are ready.
Plan for the notice period first. For work to an existing party wall, that is two months from serving notice. Serving early, as soon as your drawings and engineer’s design are fixed, is the easiest way to avoid delaying your builder.
A notice lapses if the work does not start within 12 months of it being served.
Can you appeal a Party Wall Award?
Yes. Either owner can appeal to the County Court within 14 days of the Award being served. Appeals are uncommon and can be costly, so they are generally only worth considering where the surveyors have clearly gone beyond their powers or made a serious error.
What if work started without a party wall agreement?
The Act does not provide for an Award that approves work already carried out without notice. If your neighbour has started notifiable work without serving notice, the usual remedies are through the courts, for example an injunction to stop the work or a claim for damages.
If this has happened to you, take advice quickly. A surveyor can still record the current condition of your property, and the building owner can be asked to serve notice for any work that has not yet been done.
Keeping on good terms with your neighbour
Most party wall disputes are about communication rather than construction. A short conversation before the notice arrives makes a real difference:
- Show your neighbour the drawings and explain the timetable
- Tell them who your builder and surveyor are, and how to contact them
- Agree working hours and how deliveries and access will be handled
- Deal with any damage promptly, in line with the Award
The Party Wall etc. Act 1996 and the GOV.UK explanatory booklet set out the rules in full. For an overview of the whole Act, read What Is the Party Wall Act?
Summary
A party wall agreement is a Party Wall Award. You need one when a neighbour dissents to your notice or does not reply within 14 days. The Award records the condition of the neighbour’s property, sets out how the work will be done and confirms who pays, which is normally the building owner.
Serve notice early, talk to your neighbours first, and use an Agreed Surveyor where you can. It is the simplest way to keep your project on time and your neighbour on side.
Need a Party Wall Award or have you received a notice? Call K&A Surveyors on 01322 914058 or contact us for a quote. K&A Surveyors is regulated by RICS.
Frequently Asked Questions
Yes. “Party wall agreement” is the common name. The legal document under the Party Wall etc. Act 1996 is a Party Wall Award, prepared by one or more surveyors.
No. You only need an Award if your neighbour dissents to your notice or does not respond within 14 days. If they consent in writing, no Award is needed, although a Schedule of Condition is still recommended.
The building owner normally pays the reasonable fees of the neighbour’s surveyor, as well as their own.
No. The Act does not let a neighbour prevent lawful work. It controls how and when the work is carried out, and protects their property while it happens.
An Award covers the work it describes. The notice lapses if work does not begin within 12 months of the notice being served.
If your neighbour consents to the notice, you do not need an Award. If they dissent, the Award must be made by surveyors appointed under the Act. An informal letter between neighbours is not a Party Wall Award.