Do I Need a Party Wall Agreement?

One of the most common questions from UK homeowners planning building works is: "Do I actually need a party wall agreement?" The short answer is that you need to serve a party wall notice for certain types of work, and a formal agreement (or award) only becomes necessary if your neighbour dissents. This guide walks you through exactly how to tell in your specific situation.

What Is the Difference Between a Notice and an Agreement?

These two terms are often confused:

• A party wall notice is a written document you serve on your neighbour informing them of your intended works. This is always required when your works are notifiable under the Act.
• A party wall agreement (formally called a party wall award when issued by surveyors) is the formal document that sets out how work will proceed. It is only needed if the neighbour dissents or fails to respond.

If your neighbour simply signs and returns their consent in writing, you have a valid agreement without any surveyors being involved at all.

Works That Always Require a Notice

Under the Party Wall etc. Act 1996, you must serve a notice before starting any of the following:

Section 3 — Works to an Existing Party Wall

• Cutting into the wall to insert a beam or flashing
• Raising or lowering the wall
• Demolishing and rebuilding the wall
• Underpinning or supporting the wall from below
• Cutting damp-proof courses through the wall
• Chimney breast removal where the chimney is on the party wall

Section 6 — Excavation Near Neighbouring Foundations

• Digging within 3 metres of a neighbour's structure to a depth below their foundations
• Digging within 6 metres if the excavation undercuts a 45-degree line from the bottom of the neighbour's foundations

Section 1 — New Walls on the Boundary

• Building a new wall astride the boundary (i.e. shared between both properties)
• Building a new wall immediately adjacent to the boundary on your own land

Works That Do NOT Require a Party Wall Notice

Not every building project triggers the Act. You do not need a notice for:

• Internal-only works that do not affect the party wall (redecorating, new kitchen, etc.)
• Building a new extension entirely within your own property, well away from the boundary
• Routine maintenance and repair to your own side of the wall
• Fencing that does not constitute a party fence wall

Quick Test: Do You Need a Notice?

Ask yourself these three questions:

1. Will the work physically touch or cut into the wall shared with my neighbour?
2. Will I be digging foundations or piles within 3–6 metres of my neighbour's building?
3. Am I building a new wall on or touching the legal boundary?

If you answer yes to any of these, you need to serve a notice. Our notice generator will determine the correct notice type based on your answers and produce the right document for £89.

What If I'm Not Sure?

If you are unsure whether your works are notifiable, it is always safer to serve a notice. There is no penalty for serving an unnecessary notice, but there are significant risks for failing to serve one when required — including injunctions and unlimited liability for damage.

You can also ask a party wall surveyor for a brief initial opinion. Many will advise free of charge whether your works trigger the Act.

Do Neighbours Always Have to Agree?

No. Neighbours can dissent — they have every right to. However, dissenting does not stop the work from going ahead. It simply means surveyors must be appointed to produce a formal award before work begins. The award will set out the conditions under which work can proceed, a schedule of the current condition of the adjoining property, and who pays the costs.

In practice, most neighbours who are served a clear, professional notice consent within the 14-day window. The key is to serve the notice correctly and give your neighbour enough time and information to feel comfortable.