When A Party Wall Agreement Will Apply To You
Remember that Party Walls include anything on the boundary line between two adjoining properties, like structures and fencing.
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You need a party wall agreement when works affect a shared wall, shared structure, boundary wall, or involve excavation close to a neighbour’s property.
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The article highlights common trigger works such as loft conversions, underpinning, boundary wall changes, building on or up to the boundary, and excavations within 3 to 6 metres.
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It also makes clear that minor internal works, such as plastering, rewiring, or putting up shelving, usually do not require a party wall agreement.
Top asked questions about party wall agreements:
When should you have a Party Wall Agreement?
Homeowners will require a Party Wall Agreement when planning to make any changes along the boundary line between two properties, which include works to an existing party wall, fence or structure. Excavations close to a neighbour’s property are also covered under the Act.
Can my neighbour build without a Party Wall Agreement?
While your neighbour is not legally obligated to get a Party Wall Agreement, they are bypassing their statutory duty.
It’s highly recommended that you not proceed with any building work without one, as it’s an essential part of legalisation to protect all parties involved.
For example, if your neighbour begins work, and you claim that there has been damage to your property.
As a result, the neighbour has no proof or details that would have been outlined in the report to deny responsibility.
Can you dig foundations without a Party Wall Agreement?
A Party Wall Agreement will be required if you plan to carry out any work on or near the party wall, including excavations with 3-6m of adjoining property. Common reasons for Party Wall Agreements include loft conversions, inserting damp proof courses and digging foundations for a property extension.
Can you start an extension without a Party Wall Agreement?
Any work that includes digging excavations within three to six metres of a neighbour’s property will require a written Agreement outlining who is responsible for paying the costs involved and how work will proceed.
Not proceeding with a Party Wall Agreement can mean the party is responsible for all damages, even pre-existing ones.
Situations where you’ll need a Party Wall Agreement
If you want to avoid a Party Wall Agreement, you might be pleased to know that not all works require an Agreement to be drawn up.
For example, you can do minor works and renovations to your property, like drilling internal walls to fit kitchen units or shelving, plastering the walls or replacing electrical wiring or sockets.
Learn more about serving a notice.
You’ll need an Agreement for the following works:
- Any work to shared walls between semi-detached and terraced properties.
- Work to any shared ‘party structures’ like floors between flats.
- Improvements or changes to garden boundary walls.
- Excavation works within 3-6m or that underpin the party wall.
- Loft conversions that require the cutting of a party wall.
- Altering the party walls to make them thicker or higher.
- Building a second-storey extension above the shared wall.
- Building a new wall up to off the party wall.
- Inserting a damp proof course within a party wall.
Do I have to pay for my neighbour’s party wall?
Typically, if a shared wall needs fixing and impacts both neighbours, it’s reasonable to expect both parties to be liable for the cost of the repairs.
The Party Wall Agreement, overseen by a Party Wall Surveyor, will outline each party’s responsibilities and costs.
The exception here is that if one neighbour is making home improvements to their property and has damaged the Party Wall, they will be responsible for the repairs. Again, this is often outlined within an Agreement.
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If you would like to talk to Simon about your party wall, then please contact him here or simply call 07834 761 411. We cover all of Surrey, Hampshire and London.
