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When you first hear the term party wall, you may associate it with, well, a wall that people party around. However, in real estate, this term is used to denote the shared wall you have with your neighbour, which practically divides your two homes. Most often this is the wall between two sections of a semi-detached house or the terrace. If you have a garden, then a party wall could also be the barrier between yours and your neighbour’s property. A party wall agreement is something you need to obtain before you can initiate building works, like loft conversions, damp proof courses insertions or even when digging new foundations for an extension.

To proceed with the work on your property, you need to obtain a Party Wall Agreement with any adjoining owners that will be affected. Alternatively, you can appoint a surveyor to prepare a Party Wall Award. This is a document outlining what work will be carried out and how the construction process works. To get all of this going, you should serve a party wall notice on your neighbour in writing, to inform them of the planned party wall works.

You should not worry about extra expenses to get the serving notice. There is actually a standard form, which you can get for free. Alternatively, you can get a party wall surveyor to get things ready, which will cost you a flat fee. Usually, you will want to include a letter of acknowledgement for your neighbour. If you are doing any building works that affect a party, you need to give two months’ notice, whereas, for excavations, you only need one month. You don’t need planning permission to serve a party wall notice, but keep in mind that once you do that, you will have up to a year to start the work.

Gaining an answer from your neighbour will usually happen within three weeks of serving the notice. There are three outcomes:

• Assent – the best case scenario is you get assent, given that you deal with any problems that arise. In this case, you don’t require a party wall award and to appoint party wall surveyor. Take any note of the party wall and document any cracks. A surveyor can further assess and do a schedule of condition to minimise the risk of disputes later on.
• Dissent – in case your neighbour dissents, or doesn’t reply within the 14 days, you will require a party wall award. In this case, both you and your neighbour appoint an agreed surveyor to act impartially for both parties. This is not the same person the homeowner is using for their works. The role of the surveyor is to produce an ‘award’, featuring all of the proposed works and a schedule a condition of the neighbour’s home. An architect can also be appointed to act as a surveyor.
• Each homeowner appoints own surveyor – in this case, the cost can fall completely on one person, who is looking to obtain the part wall agreement.

Always remember that your priority is to maintain a good relationship with your neighbour. Talk to them about the part wall notice first, as that is always better than just mailing the notice. A good talk is often enough to alleviate any fears and show them the planned works. Give your neighbour the contact details of your building company and/or surveyor, if they need further details.

Now that you know your options for getting a party wall agreement, you can better plan any works on your property that require a green light by your neighbour.

Remember, at Open Estates, you can always find out such useful guides.

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