What people mean by “party wall agreement”
The phrase is used for three different things, and they are not the same.
| People say | What they usually mean | The Act’s word |
|---|---|---|
| A party wall agreement | The legal document made by the surveyor or surveyors that sets out how the work will be done | Award |
| A party wall agreement | The neighbour’s signed consent to the building owner’s notice | Consent |
| A party wall agreement | A friendly chat or an informal deal over the fence | Not a recognised step |
Is an award necessary?
Only when there is a dispute. The Act works like this:
- The building owner serves a valid notice.
- The neighbour consents in writing, and the work can go ahead once the notice period has passed. No award is needed.
- Or the neighbour dissents, or says nothing for 14 days to a Section 3 or Section 6 notice, and a dispute arises. Surveyors must then make an award before the work covered by the notice begins.
So the notice is always necessary for covered work, and the award is necessary only if the neighbour does not consent.
Is it sensible to have an award anyway?
Often, yes. Some owners ask for an award even when the neighbour is happy, because it records:
- exactly what work is allowed and when
- working hours and access arrangements
- the condition of the neighbouring property
- who pays and how damage will be put right
If your neighbour consents, a schedule of condition is the minimum worth having.
What happens if you skip the process
- The neighbour can ask the court for an injunction to stop the work, which can halt your builders mid-project.
- The neighbour can claim damages for harm the work causes.
- You will have no record of the neighbouring property, so a damage claim becomes your word against theirs.
- A buyer’s solicitor may ask for the notices and award when you sell, and a gap can delay or complicate the sale.
If you are the neighbour and the work has already started, read what to do when work starts without a notice.
The Act has no criminal penalty for failing to serve a notice. The risks are civil, and they are real.
Planning permission and building regulations are different
Planning permission and building regulations approval are separate from the Act. A notice or an award does not replace either of them, and neither of them replaces a notice. A project can need all three. Read the Act explained.
What to do next
- Check whether your work is covered, using the Act explained.
- If it is, serve a valid notice in good time. See party wall notices.
- If your neighbour consents in writing, consider a schedule of condition. If they do not, an award follows.
- If your neighbour objects or will not sign, read can my neighbour stop my building work?.
Call us on 0800 999 1947 for a free chat about which applies to you.
Questions about party wall agreements
My neighbour and I agreed it verbally. Is that enough?
It is friendly, but it is not the process the Act requires and it gives you little protection if something goes wrong. If your neighbour is happy, ask them to consent in writing to a valid notice. That takes minutes and gives you something to show a buyer’s solicitor later.
What if the work has already started without a notice?
Stop and speak to a party wall surveyor. A notice has to be served before the work begins, so it cannot put things right after the event, but a surveyor can inspect, advise you and help you reach a written arrangement with your neighbour. Do not ignore the problem. Your neighbour keeps their civil remedies, such as an injunction or damages.
Is a party wall agreement the same as a party wall award?
In everyday speech, yes. People say agreement, the Act says award. An award is made by a surveyor or surveyors, not simply agreed between neighbours, and it binds both owners unless it is successfully appealed. See party wall awards.