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Party wall agreements: what they are and when they apply

Written by Miglani Builders LimitedLast updated

Illustration of a building plan stamped as approved

If you live in a terraced or semi-detached house, or plan to build close to a boundary, the Party Wall etc. Act 1996 may apply to your project. It is a separate process from planning permission and Building Regulations.

What is the Act for?

The Act sets out a process for building work that affects a shared wall or that is close to a neighbouring building. Its aim is to prevent disputes and to protect both owners.

When might it apply?

  • Work to a wall you share with a neighbour, such as cutting into it to insert a beam, as in many loft conversions.
  • Building a new wall on the boundary line between the two properties.
  • Excavating close to a neighbouring building, below the level of its foundations, which can affect a side-return or basement project.

How does it work?

  1. You give your neighbour written notice before the work starts. The notice periods are generally about two months for work to a party wall and one month for excavation.
  2. The neighbour can consent to the work or dissent.
  3. If they dissent, a surveyor, or surveyors, prepare a party wall award that sets out how the work may be done and can record the condition of the neighbour’s property beforehand.

Plan for the time it takes

Because notice periods apply, it is sensible to start the process well before your planned start date. A friendly conversation with your neighbour before formal notice is served often helps.

This guide is general information for homes in England and is not legal or planning advice. Rules can change and differ between properties and local authorities, so always confirm the position with your council or a qualified professional.

Planning an extension or loft conversion? Tell us about your project and we will explain what is likely to apply.

Sources and further reading

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