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Party wall guide

How do I get a party wall agreement?

You do not apply for a party wall agreement from the council. You get one by serving notice on your neighbours under the Party Wall etc. Act 1996 and then securing either their written consent or a Party Wall Award. This guide sets out the process as a practising party wall surveyor would run it, with the points where projects most often go wrong.

JG

Written by John Greenan AssocRICS, MFPWS, ACABE

AssocRICSMFPWSACABE

Party wall and residential property surveyor with 25+ years’ experience in surveying and construction. Last reviewed 27 October 2026.

Short answer: To get a party wall agreement, serve a valid party wall notice on every adjoining owner before work starts (one month for section 1 and 6 notices, two months for a section 3 party structure notice). If the neighbour consents in writing, that consent is your agreement; a Schedule of Condition of their property is strongly advisable. If they dissent, or do not reply within 14 days to a section 3 or 6 notice, surveyors are appointed under section 10 and make a Party Wall Award, which either owner can appeal within 14 days.

“Party wall agreement” is the everyday name. The Act itself speaks of notices, consent and, where there is a dispute, an Award made by surveyors under s.10. In practice, you have a party wall agreement with a neighbour when either they have consented in writing to your notice, or an Award has been served on you both. Each adjoining owner is dealt with separately.

Step 1: check whether your works are covered

Your worksSectionNotice period
New wall on or against the boundary line (for example an extension wall or garden wall on the line of junction)s.1One month (s.1(2), s.1(5))
Work to an existing party wall or party structure: steel beams, loft conversions, chimney breast removal, raising, thickening, underpinning, cutting in flashingss.2, s.3Two months (s.3(2)(a))
Excavating within 3 metres of a neighbour’s building to below their foundations, or within 6 metres where a 45-degree line from their foundations is crosseds.6(1), s.6(2)One month (s.6(5))

Minor works, such as fixing shelves, replastering, rewiring or minor chases for sockets and wiring, are not notifiable. Roof work such as rooflights may not need notice either, because only work to or into the party wall (or s.1 or s.6 work) is relevant. If in doubt, use our 1-minute checker or see which works need a party wall agreement. Party wall matters are separate from planning permission and building regulations; you may need all three (how they differ).

Step 2: identify every adjoining owner

An “owner” under s.20 includes the freeholder and anyone holding a lease of more than a year. A terraced house usually has two neighbours; a flat can have owners above, below and beside, plus freeholders. For s.6 excavation work, owners who are not immediately next door can be adjoining owners if their building is within the 3 or 6 metre distances (s.6(4)). Land Registry title checks confirm names and addresses; get these right, because notices served on the wrong person do not count.

Step 3: prepare and serve valid notices

  • Content: a party structure notice must state the building owner’s name and address, the nature and particulars of the work, and the start date (s.3(1)). An excavation notice must say whether you propose to underpin or strengthen the neighbour’s foundations and be accompanied by plans and sections showing the site and depth of the excavation (s.6(5), s.6(6)).
  • Timing: serve at least the minimum period before you start. Notices cease to have effect if work has not begun within 12 months and is not prosecuted with due diligence (s.3(2)(b), s.6(8)).
  • Service: in person, by post, addressed to “the owner” at the premises, or by email only where the recipient has agreed to accept it (s.15).

You can serve notice yourself using a notice template, or we prepare and serve notices for all your neighbours for £150 + VAT. An invalid notice is one of the most common causes of delay we see.

Step 4: wait for the response

Each neighbour has 14 days to respond to a s.3 or s.6 notice (s.5, s.6(7)). The responses you can expect, following FPWS guidance, are: consent; consent subject to a Schedule of Condition (the most popular choice for straightforward works); dissent and concur in an Agreed Surveyor; or dissent and appoint their own surveyor. Silence is treated as dissent, not consent. See the 14-day rule and how the responses compare.

Step 5: if the neighbour consents

Keep the signed consent with your notice: that is your agreement. Arrange a Schedule of Condition of their property before work starts, so any later damage claim can be judged fairly. You must still compensate the neighbour for any loss or damage caused by the work (s.7(2)), avoid unnecessary inconvenience (s.7(1)) and not deviate from the notified work without agreement (s.7(5)).

Step 6: if there is a dispute

Under s.10(1) the owners either concur in appointing one Agreed Surveyor, or each appoints a surveyor and the two select a third surveyor. Appointments are in writing and cannot be rescinded (s.10(2)). If the neighbour does not appoint within 10 days of your written request, you may appoint a surveyor on their behalf (s.10(4)); see the section 10(4) ten-day request. Compare the routes in Agreed Surveyor vs two surveyors.

Step 7: the Award is made and served

The surveyor(s) review the drawings, inspect and record the neighbour’s property, and make a Party Wall Award. An Award may determine the right to execute work, the time and manner of executing it, and any incidental matter including costs (s.10(12)). Any period the Award sets for the work will not, unless the owners agree, begin before the notice period expires. The Award is served on both owners (s.10(14)), and either can appeal to the county court within 14 days (s.10(17)).

Step 8: start work, then close out

Start once the notice period has run (or earlier with written agreement) and, where there is a dispute, the Award has been served. Give at least 14 days’ notice if you need access to the neighbour’s land (s.8(4)). At the end, the surveyor carries out a final inspection and any damage is made good or paid for (s.11(8)).

Summary

StageWhat you doTypical time
Check works and ownersConfirm sections that apply and identify every ownerDays
Serve noticesValid notice with drawings where requiredNotice period: 1 or 2 months
ResponseNeighbour replies within 14 days14 days
Consent routeSchedule of Condition, then start after notice periodInspection within days
Dispute routeSurveyors appointed, Schedule, Award servedWeeks, depending on the works
Appeal windowEither owner may appeal14 days from service
Illustrative example: a terraced loft conversion

A homeowner plans a loft conversion with steel beams bearing into both party walls of a mid-terrace house. They instruct notices in March, two and a half months before the builder’s start date. Notices go to both neighbours and, for one neighbour who owns a flat, to the freeholder as well. The first neighbour consents subject to a Schedule of Condition; the inspection happens the following week. The second neighbour and the freeholder concur in an Agreed Surveyor, who inspects, prepares a Schedule and serves an Award with working hours and access terms. Both agreements are in place before the two-month notice period ends, and the work starts on time.

This is an illustrative scenario to show how the Act works in practice. It is not a real case, and the outcome on any real project depends on its own facts.

What it costs with us

ServiceFee + VATinc VAT
Party wall notices (all your neighbours)£150£180
Notices + one Schedule of Condition£499£598.80
Each extra Schedule of Condition£399£478.80
Standalone Schedule of Condition£450£540
Party Wall Award£400£480
Full package (notices, Schedule, Award)£899£1,078.80
Full package, London£999£1,198.80
Agreed Surveyor supplement£50 currently waived£0

Domestic extensions and loft conversions. Fixed fees, invoiced on completion; we take enquiries only, with no online payment. If your neighbour appoints their own surveyor, the building owner normally pays that surveyor’s reasonable fees as well (s.10(13)), and those are set by that surveyor, not by us.

For a full breakdown, including the neighbour’s own surveyor, see how much a party wall agreement costs and who pays for a party wall agreement. For timing, see how long a party wall agreement takes.

Checklist

  • Settle drawings and, for structural work, engineer’s details.
  • Confirm which sections apply and who every owner is.
  • Serve valid notices at least two months before s.3 work, one month before s.1 or s.6 work.
  • Diary the 14-day response and any 10-day request dates.
  • Arrange Schedules of Condition before work starts.
  • Do not start disputed work until the Award is served.
  • Keep all notices, consents and Awards with your property records; buyers’ solicitors will ask for them.

How we can help

We have handled party wall matters on more than 750 projects. Our qualified surveyors prepare valid notices, Schedules of Condition and Awards on fixed fees, and we can act as Agreed Surveyor for both owners where the neighbour agrees. Call free on 08000 487897, take the 1-minute check or see our fixed fees.

Planning work? Take the 1-minute check, see our fixed fees or call free on 08000 487897. We have helped on 750+ projects.

Sources: Party Wall etc. Act 1996 (legislation.gov.uk) · The Party Wall etc. Act 1996: explanatory booklet (GOV.UK). Last reviewed 27 October 2026. General guidance on the law in England and Wales, not legal advice.

Frequently asked questions

Do I get a party wall agreement from the council?

No. The council deals with planning and building regulations. A party wall agreement comes from your neighbour’s written consent or a Party Wall Award made by surveyors under the Act.

Can I get a party wall agreement without a surveyor?

Yes, if your neighbour consents in writing to a valid notice you have served. A surveyor is only needed to make an Award if there is a dispute, although many owners use one to prepare valid notices and a Schedule of Condition.

Do I need a separate agreement for each neighbour?

Each adjoining owner must be served and responds separately, so you may end up with consent from one neighbour and an Award with another.

When should I start the process?

As early as possible, ideally once your drawings are settled and at least two months before your planned start date for party structure works.

Can my neighbour refuse a party wall agreement?

They can dissent, but they cannot stop work you are entitled to do. A dispute is resolved by surveyors through an Award.

How long is a notice valid?

A s.3 or s.6 notice ceases to have effect if the work has not begun within 12 months of service and is not prosecuted with due diligence (s.3(2)(b), s.6(8)).

Can I start work early?

Only with the neighbour’s written agreement. Otherwise wait until the notice period has ended and, if there is a dispute, the Award has been served.

What if I build without an agreement?

You lose the protection of the Act’s procedure and risk an injunction and claims. See starting work without notice.

Does the Party Wall Act apply to your project?

Tell us about your project and a local qualified surveyor from our team will confirm which party wall notices you need and your fixed fee. Nothing to pay until the work is done.

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