Do I need a party wall agreement?
When it comes to party walls, neighbours usually aren’t considered by homeowners when they are planning works, renovating or have a project on the go. Most people know they will need planning permission and building regs/control, but many haven’t heard of party wall agreement or party wall act notices, never mind when they are required.
This article explains some common examples where party wall agreements are usually needed.
What is a party wall?
A party wall can be defined as one of the below:
- A wall that ‘straddles’ the boundary line between two premises is a party wall, even if it has not been built against and does not form a part of the neighbour’s building.
- A wall that divides two premises and forms a part of the structure of both is a party wall. This applies even if only part of the wall forms a part of the structure.
- A flank wall of a building that has been built against is a party wall to the extent that both premises use it. This means part of the wall can be a party wall and part might not be. This is the case even if the enclosure was done after the building was originally built.
- A garden wall straddling the boundary is called a Party Fence Wall — repair costs will be shared under the Act.
- Other parts of a building may be party structures and need similar process and notices — for instance the floor between two flats is a party structure.
When is party wall agreement required?
There are a number of categories that party wall work falls into and examples are given here to show where party wall notice and agreements may or may not be needed.
Works on an existing party wall
When a party wall agreement is required
- Inserting a chemical damp proof course (DPC) into the party wall.
- Hacking off plaster from a party wall.
- Removing a chimney breast on a party wall.
- Demolishing a party wall and rebuilding it.
- Chasing into the wall to insert electrical cables.
- Putting a steel beam into the party wall.
- Making the party wall higher, i.e. a loft conversion.
- Cutting or demolishing a partition projecting from a party wall.
- Underpinning a party wall.
When a party wall agreement is not required
- Drilling into a wall to hang pictures.
- Fixing shelves, kitchen units and cupboards to a party wall.
Work on an existing party structure
When a party wall agreement is required
This does not necessarily have to be a wall – it could be a floor or ceiling between flats.
- Taking down and replacing the ceiling.
- Taking down a supporting wall and fixing a steel beam to support the floor.
- Cutting through joists to fix waste pipework.
- Laying new floor coverings – carpets, tiles, laminate, etc.
When a party wall agreement is not required
- Replacing floorboards (unless it’s whole rooms).
- Fixing light fittings.
Excavating near your neighbour
Excavations will include foundations, lowering your garden, building a basement, underpinning, some forms of piling, and forming drainage runs. For more information on excavating near your neighbour, take a look at our excavation FAQs.
You will need to seek party wall agreement if you are digging deeper than the bottom of their foundations and within 3m of those foundations. Remember, as well as the main buildings, this could include garages, sheds, garden walls, some patios and walls within the garden.
An unusual example of an excavation is a modern wine cellar. For more information, take a look at our Party Wall Agreement for a Wine Cellar blog.
Building on the boundary
When a party wall agreement is required
- Building a wall up to the boundary.
- Taking down a fence and building a wall.
- Building a wall astride the boundary as a party wall.
- Taking down a neighbouring fence to build a wall.
When a party wall agreement is requirement is not required
- Taking down and replacing a fence.
Other matters
When a party wall agreement is required
- Putting a flashing into my neighbour’s independent wall.
When a party wall agreement is not required
- Putting up a scaffold on or over next door’s land and buildings.
- Painting the face of a wall owned by you that is on the boundary and faces your neighbour.
- Cutting a neighbour’s trees and plants.
- Replacing my roof tiles.
Typical residential alterations
When a party wall agreement is required
- Knocking through two rooms and putting in a steel beam.
- Converting a loft. For more information, read our Do You Need a Party Wall Agreement for a Loft Conversion blog.
- Building an extension. Read up on how to measure building height.
- Building a new house or building.
- Building a garden room.
- Adding a basement to your property.
Get party wall agreement advice with Collier Stevens
Looking for a party wall surveyor in London? Look no further than Collier Stevens. We’re on hand at all times to offer advice on everything party wall related.
Take a look at our party wall guidance FAQs, and get in touch with our team for further support.
Steven Way
Steven Way BSc MIHEEM MFPWS MRICS is the Practice Principal and is a Chartered Building Surveyor. With over 35 years as a practicing surveyor, Steve has a wealth of experience and expertise in both residential and commercial building surveying, party wall advice and disabled access auditing. He has also built his reputation as an expert witness.