buying

Party wall agreement: when you need one, who pays and the notice steps

Party wall agreement explained for England and Wales: which work needs notice, the one and two month periods, surveyors and who pays.

4 min read
Last reviewed 4 November 2026
By Your Property Check team

Part 1 of 8

What the Act covers

General information, not advice. The Party Wall etc. Act 1996 applies in England and Wales only, not Scotland or Northern Ireland. GOV.UK's explanatory booklet says it covers three kinds of work: building a new wall on the boundary line (section 1), work to an existing party wall or party structure (section 2) and excavation or foundations near a neighbouring building (section 6). Examples on GOV.UK include cutting into a party wall, changing its height or depth, removing chimney breasts and knocking down and rebuilding a party wall.

The Act is separate from planning permission and building regulations. Having one does not satisfy the other. If you are working out what you can build at all, start with permitted development rights, then come back to the neighbour question.

We read the GOV.UK pages named below on 4 November 2026.

Part 2 of 8

Notice types and periods

The booklet sets out the minimum notice before work starts.

Work	Section	Notice period	Neighbour's options
New wall astride or up to the boundary	1	One month	For a wall astride the line, written consent is needed within 14 days; without it you must build wholly on your own land
Work to an existing party wall or structure	2	Two months	Consent, or a dispute arises if there is no reply in 14 days
Excavation within 3 m or 6 m of a neighbouring building	6	One month	Consent, or a dispute arises if there is no reply in 14 days

A notice is valid for one year, so it should not be served too early. Work cannot start before the notice period ends unless the adjoining owner agrees in writing. The notice should name every joint owner, give the address, describe the work in full, state a proposed start date and say clearly that it is a notice under the Act. For excavation, plans and sections showing the depth must go with it. It can be handed over or posted, and sent by email only if the recipient has agreed to that.

GOV.UK also publishes template letters for each notice, including a party structure notice, two kinds of line of junction notice and a 3 and 6 metre notice.

Part 3 of 8

What happens after you serve notice

The adjoining owner should reply in writing within 14 days. They can consent, or they can dissent, in which case a dispute is treated as having arisen. They may also serve a counter-notice within one month asking for additional or modified work for their own benefit.

If a dispute arises, the Act sets out a surveyor route:

One agreed surveyor acting for both owners.
Two surveyors, one appointed by each owner. If they cannot agree, they select a third.

The booklet says a surveyor must be impartial and that owners cannot act as their own surveyor. If your neighbour refuses to appoint, you can appoint a second surveyor on their behalf. The surveyors produce an award, a legal document that sets out the work, how and when it is done, protective measures and often a schedule of the condition of the neighbour's property.

Part 4 of 8

Who pays

The booklet says the building owner usually pays the costs of the award, including the adjoining owner's surveyor, where the work is for the building owner's benefit alone. Costs can be shared under section 11 where work is needed because of a defect or disrepair, in line with each owner's use and responsibility. The surveyors decide who pays. They are entitled to reasonable fees, and an owner who thinks a fee is unreasonable can ask for an itemised breakdown with the hourly rate and hours charged.

Neither GOV.UK page gives a typical surveyor fee in pounds, so we do not quote one. Ask for written quotes before you appoint anyone.

Part 5 of 8

After the award

The award is final and binding unless the county court rescinds or modifies it on appeal, and the appeal period is 14 days from service of the award. Your neighbour must allow access when it is necessary for the notified work, with 14 days' notice of entry except in an emergency. You must avoid unnecessary inconvenience and protect the adjacent property temporarily.

Part 6 of 8

Work that may not need notice

The booklet gives minor examples that may not need a notice: drilling for ordinary shelving or wall units, cutting into a party wall for recessed sockets or wiring, and removing and replastering. The test is whether the work could affect the wall's structural strength or support, or damage the neighbour's side.

Part 7 of 8

What the Act does not do

The booklet says the Act has no enforcement procedure for missing notices, but a neighbour can seek a court injunction if work starts without one. It cannot settle boundary disputes, which need the courts or alternative dispute resolution, and it does not change who owns a wall or where the boundary lies. For that, see who owns the fence and how to find your property boundaries.

Part 8 of 8

Buying or selling

If you are buying, ask whether the seller did any work to a shared wall, extension or basement and whether notices and awards exist. A missing award does not by itself mean a problem, but it is a question for your conveyancer. Our property boundaries tool is a starting point for the boundary side.

This page is general information, not advice. Confirm your own case with a surveyor or solicitor.

Our take

Serve notice early, and ask about past work when buying

The notice periods are fixed: one month for new boundary walls and nearby excavation, two months for work to an existing party wall. If you are buying, ask whether the seller did any work to a shared wall, extension or basement, and whether notices and awards exist. A missing award is not itself a problem, but it is a question.

OfferCheck is our plain-English risk report on any UK address before you offer: crime, flood, planning, tenure and more, every figure sourced. It does not tell you about party wall awards, so still ask the seller. Our boundary tool above shows the indicative line.

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Our opinion, drawn from the facts on this page: not advice and not a forecast. We earn from OfferCheck reports and from introducing sellers to cash buyers, so weigh it with that in mind (see our disclosure). We are not authorised or regulated by the FCA.

Questions, answered

Frequently asked questions

Do I need a party wall agreement for an extension?

Possibly. GOV.UK says notice is needed for a new wall at the boundary, work to an existing party wall, or excavation within 3 m or 6 m of a neighbouring building. An extension often involves one of these, so check before work starts.

How much notice do I have to give a neighbour?

The GOV.UK booklet gives one month for a new boundary wall or excavation near a neighbouring building and two months for work to an existing party wall. A notice is valid for one year.

What if my neighbour objects or does not reply?

For work to an existing party wall or excavation, no reply within 14 days means a dispute is treated as having arisen. Surveyors then resolve it by award, either one agreed surveyor or one each.

Who pays for the party wall surveyor?

GOV.UK says the building owner usually pays for the award, including the neighbour's surveyor, when the work is for their benefit alone. Costs can be shared where work is needed to repair a defect.

Does the Party Wall Act apply in Scotland?

No. The booklet says it applies in England and Wales only.

Where this comes from

Sources

Last reviewed 4 November 2026 by the Your Property Check team. This page is general information, not legal, tax or financial advice. For your own situation, speak to a conveyancing solicitor or another qualified professional.