When Do I Need a Party Wall Agreement?

Hourican & Associates Ltd | 01-09-2025

Planning building works in London? Certain projects that affect a shared wall, boundary, or nearby foundations require a Party Wall Agreement (also called a Party Wall Award) under the Party Wall etc. Act 1996. This guide explains when you legally need one, how the process works, and why using a chartered party wall surveyor in London helps avoid costly delays and disputes.

What Is a Party Wall Agreement?

A Party Wall Agreement is a legally binding document prepared by an appointed surveyor that regulates how works affecting a shared or adjoining structure are carried out. It typically sets out:

• The exact works permitted and methods of construction.
• Working hours and access arrangements.
• A Schedule of Condition of the adjoining owner’s property pre-works.
• Procedures for resolving disputes and making good any damage.

When Do You Need to Serve a Party Wall Notice?

Before starting any notifiable works, you must serve the correct notice(s):

1) Works to a Party Wall or Party Structure — Section 2 Notice

• Cutting into a party wall (e.g. inserting steel beams for a loft conversion).
• Removing or enclosing a chimney breast attached to a shared wall.
• Raising, thickening, underpinning, or demolishing a party wall.
• Inserting flashing or damp-proof courses.

2) Excavation Near Neighbouring Foundations — Section 6 Notice

• Excavating within 3 metres of a neighbouring structure to a lower level than its foundations.
• Excavating within 6 metres where piling or deep foundations trigger the 45° line criteria.

Common examples: rear/side extensions with deep foundations, underpinning, and basement construction.

3) New Walls on or at the Boundary — Section 1 Notice

• Building a new wall on the line of junction (boundary).
• Building a new wall astride the boundary (requires neighbour’s written consent).
• Constructing a new party fence wall (e.g. a garden wall built on the boundary).

Do You Always Need a Full Party Wall Agreement?

If you serve a valid notice and your neighbour consents in writing within 14 days, an Award may not be required. If they dissent or do not reply within 14 days, a dispute is deemed to have arisen under the Act and surveyor(s) must be appointed to agree a formal Award.

Why Use a Chartered Party Wall Surveyor?

• Correct, legally valid notices under the Act.
• Independent, impartial administration of the process.
• Robust Schedule of Condition to protect all parties.
• Clear procedures for access, method statements, and damage resolution.

Hourican Associates are regulated by RICS, and members of the FPWS, CIOB, and MCABE.

Typical London Projects That Trigger the Act

• Loft conversions involving steel beams.
• Rear and side extensions.
• Basement excavations and underpinning.
• Chimney breast removals.
• New boundary or party fence walls.

Transparent Fixed Fees

Party Wall Notice Service

£150 + VAT

Per adjoining owner

Schedule of Condition Survey

£385–£585 + VAT

Basement surveys priced separately

Full Party Wall Award

£1,100–£1,500 + VAT

Serving notice, survey & agreeing the Award

London Areas We Cover

We work across all London boroughs including:

Chelsea, Kensington, Fulham, Chiswick, Clapham, Richmond, Westminster & more.

Frequently Asked Questions

Do I always have to serve a Party Wall Notice?

If your works fall under Sections 1, 2, or 6 of the Party Wall etc. Act 1996, serving notice is a legal requirement. Failing to do so can result in injunctions, delays, and potential costs.

Can I serve the Party Wall Notice myself?

Yes, but notices must be drafted correctly and reference the correct section(s) of the Act. Many owners appoint a surveyor to ensure validity and avoid delays caused by defective notices.

What happens if my neighbour ignores the notice?

If there is no response within 14 days, it is deemed a dissent. Each owner must appoint a surveyor (or agree to one Agreed Surveyor) who will produce a Party Wall Award.

How long does the Party Wall process take?

Allow 4–8 weeks from serving notice to agreeing the Award, depending on complexity, access for inspections, and neighbour cooperation. Serve notice well before your intended start date.

Who pays the Party Wall surveyor’s fees?

Usually the building owner (carrying out the works) pays all reasonable surveyor costs, including the adjoining owner’s surveyor, where appointed.

Can I start work before the Party Wall Agreement is in place?

No. Starting notifiable works without valid notice and, where required, an Award can lead to injunctions, delays, and additional costs. Wait until the process is complete.

What if damage occurs to my neighbour’s property?

The Schedule of Condition provides an objective record before works begin. Any damage caused by the works must be made good at the building owner’s expense or compensated as set out in the Award.

Can my neighbour stop the works by refusing consent?

A neighbour may dissent, which triggers the surveyor process, but cannot prevent lawful works. The Award regulates how and when the works proceed to protect both parties.

How much notice do I need to give?

Section 1 (new walls on/at boundary): at least 1 month.
Section 2 (works to party structures) and Section 6 (excavations): at least 2 months. Serve notices early to accommodate surveys and Award preparation.

What documents should I include with my notice?

Provide clear descriptions of the works, drawings showing the proposals and sections where relevant, your intended start date, and your contact details. Your surveyor can prepare compliant notices for you.

Need a Party Wall Agreement in London?

At Hourican Associates, our Chartered Party Wall Surveyors are fully regulated by RICS, CIOB & MCABE, and proud members of the FPWS & Pyramus & Thisbe Society. We serve legally valid Party Wall Notices, prepare detailed Schedules of Condition, and agree impartial Party Wall Awards under the Party Wall Act 1996 — ensuring your project is compliant and your neighbourly relations are protected.

We work across all London boroughs, including Chelsea, Kensington, Fulham, Chiswick, Clapham, Richmond, Westminster, and surrounding areas.

Request Your Fixed-Fee Party Wall Quote

Transparent Fees: Our pricing depends on property size and project complexity. A Schedule of Condition Survey is strongly recommended for most works to safeguard both owners before construction begins. Speak with our accredited surveyors today for free initial advice.