A party wall agreement is not compulsory per se but is highly recommended if the building owner (the person who wants to build the extension, loft conversion etc.) wants to avoid any potential costly litigation.
If you’re planning construction work near or on a shared wall in England and Wales, you might be wondering whether a party wall agreement is compulsory. This guide explains when you need one, what it involves and what works don’t need a party wall agreement.
When Are Party Wall Agreements Compulsory?
Understanding when a party wall agreement is necessary, can help you avoid potential legal disputes and maintain good relationships with your neighbours. The Party Wall etc. Act 1996 outlines specific situations where an agreement (known as a Party Wall Award) is required, but there are also times when it is not necessary. Let’s break down the scenarios so you know exactly what applies to your project.
When is a Party Wall Agreement Necessary?
The Party Wall Act is designed to prevent and resolve disputes between neighbours related to construction or alterations that affect shared walls, boundaries, or foundations. Here are the key instances when you will need a party wall agreement:
1. Work on an Existing Shared Wall
If your construction project involves working on an existing wall that divides your property from your neighbour’s (called a party wall), you should serve a party wall notice and agree a party wall agreement. This includes:
- Cutting into the party wall to insert insulation, damp-proof courses, or new wiring.
- Demolishing or rebuilding any part of the party wall.
- Raising or lowering the height of the party wall, such as for loft conversions or basement extensions.
- Extending the party wall in depth, for example by making foundations deeper.
- Removing chimney breasts that are part of the shared wall.
In any of these cases, you must inform your neighbour, giving them time to either consent or dissent to these “notifiable” works.
2. Excavation Work Near Neighbouring Property
If you’re planning any digging or excavation work close to your neighbour’s property, a party wall notice is necessary if:
- You’re excavating within 3 meters of your neighbour’s property, and the excavation will go deeper than their foundations.
- You’re excavating within 6 meters of your neighbour’s property and the excavation will intersect an imaginary line that slopes down at a 45-degree angle from the bottom of their foundation.
Common scenarios that require excavation notices include digging foundations for new buildings, conservatories, extensions, or basement conversions.
3. Building Along the Boundary Line
If you’re constructing something that will sit directly on the boundary line between your property and your neighbour’s, such as a new garden wall, garage, or extension, you’ll need to notify your neighbour under the party wall act. This applies even if there isn’t an existing wall.
You must serve your neighbour a notice of your intention to build on the boundary and seek their consent. If your neighbour dissents or doesn’t respond, you will need to appoint a party wall surveyor to prepare a party wall agreement or award.
For more details on how to avoid neighbourly disputes have a look at this article.
When a Party Wall Agreement Is Not Necessary
Not all building projects fall under the Party Wall Act, so you won’t always need to go through the process of notifying your neighbours or signing a party wall agreement. Here are the situations where it is not necessary:
1. Internal, Non-Structural Work
If you are carrying out internal renovations that do not affect the structure or integrity of the shared wall, you generally do not need a party wall agreement. For example:
- Replastering or redecorating the interior walls.
- Installing shelves or cabinets that are fixed to the party wall but do not cut into it.
- Minor repairs that don’t alter the structure of the party wall.
These types of works don’t typically affect the neighbour’s property or compromise the strength of the shared wall, so no party wall notice or party wall award is required.
2. Fences, Garden Walls, and Boundaries
If you are repairing or replacing a simple fence that marks the boundary between two properties, you usually don’t need a party wall agreement. This only applies if the fence is not a substantial structure like a brick or stone wall.
However, if the fence is being converted into a solid garden wall or if significant alterations are being made to the existing boundary wall, a party wall agreement may be necessary. Always check if the structure is substantial enough to fall under the Act. Talk to your architect or surveyor to make sure you understand whether it is necessary to notify your neighbour about this work.
3. Smaller Excavation Projects
You typically don’t need a party wall agreement for minor excavation works that are:
- Not within 3 or 6 meters of your neighbour’s property.
- Not deeper than your neighbour’s foundations.
For example, if you’re installing small garden features like a pond or flower bed that involves shallow digging and is far from the neighbour’s foundations, you won’t need to serve a party wall notice.
4. Minor Extensions
Small-scale extensions that are built entirely on your own property and do not affect the shared wall or require deep foundations may not require a party wall agreement. However, if the extension is near the boundary, it’s always a good idea to review the details with a surveyor to avoid complications.
What Happens if You Don’t Get a Party Wall Agreement?
If you start work without obtaining a required party wall agreement, you run the risk of your neighbour filing a legal injunction to stop the works. This could result in:
- Delays to your project.
- Increased costs due to potential damage claims.
- Legal disputes that can be both time-consuming and expensive.
To avoid these complications, it’s crucial to understand when a party wall agreement is necessary and follow the proper procedure.
Conclusion: Do You Need a Party Wall Agreement?
In summary, a party wall agreement is necessary if your project affects a shared wall, involves excavation near a neighbouring property, or involves building along the boundary line. It is not necessary for internal renovations, minor garden works, or small-scale projects that don’t affect your neighbour’s property or foundations.
If you’re unsure whether you need a party wall agreement, it’s always best to consult with a professional or use our Party Wall Notice Generator Tool to streamline the process. There is also an explanatory booklet published by the UK government if you want to learn more.
Need a party wall agreement? Use our Party Wall Notice Generator Tool to create your legally compliant notice in minutes. Get started now!