If you’re planning to build on or near the boundary line between your property and your neighbour’s, it’s important to understand your legal obligations. Many homeowners in England and Wales are unaware that certain works close to or on a boundary may require a party wall agreement under the Party Wall etc. Act 1996.
Failing to follow the correct process can lead to neighbour disputes, costly delays, or even legal action. In this guide, we’ll explain when you need a party wall agreement to build on a boundary line, what the process involves, and how to stay on the right side of the law while keeping good relations with those next door.
What is a Party Wall Agreement?
A party wall agreement is a formal written agreement between two or more property owners that gives permission to carry out certain types of building work that affect a shared wall, boundary, or nearby structure.
It’s required under the Party Wall etc. Act 1996, which applies to England and Wales. The Act is designed to protect both parties by ensuring that building work on or near a boundary doesn’t negatively affect the neighbouring property.
A party wall agreement is sometimes referred to as a party wall award, particularly when a surveyor is appointed to draft the terms of the agreement between owners.
When Is a Party Wall Agreement Required?
You may need a party wall agreement if you plan to:
- Build a new wall onor at the boundary between two properties
- Extend an existing wall up toor across the boundary line
- Carry out work on a shared or adjoining wall (a party wall)
- Excavate within three to six metres of a neighbour’s structure, depending on depth
- Remove or alter a party fence wall
So, if your project involves building directly on the boundary line, there’s a good chance a party wall notice will need to be served before any work can begin.
Building on the Boundary Line: What the Law Says
The boundary line between two properties is where your land ends and your neighbour’s begins. If you’re planning to build right up to the boundary, or on top of it, it’s crucial to clarify where the legal boundary lies — this may require checking your property title deeds or obtaining a boundary survey.
Here’s how the Party Wall Act applies in common scenarios:
1. Building a New Wall on the Line of Junction
If you want to build a new wall exactly on the boundary line, this is known as building on the “line of junction”. You are allowed to do this under the Party Wall Act, but you must serve a party wall notice on your neighbour at least one month before work begins.
Your neighbour has 14 days to give written consent. If they don’t respond or refuse, a dispute is deemed to have arisen, and a party wall surveyor needs to be appointed to draw up an agreement. (or two surveyors if both parties prefer) Simmons Taylor Hall recommends both parties have an agreement drawn up.
2. Building Up to the Boundary
If your new wall is built entirely on your own land, and doesn’t cross the boundary or affect any shared structure, the Party Wall Act may not apply. However, if excavation work or foundations extend within three metres of your neighbour’s building and go deeper than their foundations, you will still need to serve notice under Section 6 of the Act.
3. Building a Wall That Touches a Neighbour’s Wall
If your plans involve connecting to, cutting into, or raising a shared wall or party wall, then notice under Section 2 of the Act is required. This applies to work like loft conversions, extensions that adjoin your neighbour’s wall, or inserting beams or flashing.
Do You Always Need Your Neighbour’s Permission?
Under the Party Wall Act, you don’t need your neighbour’s permission to carry out the work, but you do need to follow the correct process. Serving notice is a legal requirement. If your neighbour dissents, the matter can be resolved through surveyors, not the courts, though failing to follow the Act can result in legal claims later.
Even if your project seems minor, it’s always better to consult with a party wall surveyor early in the planning stage. They can assess whether a party wall agreement is needed and help you manage the process smoothly.
What Happens If You Don’t Get a Party Wall Agreement?
Carrying out work without a party wall agreement when one is legally required can have serious consequences, including:
- Your neighbour is obtaining an injunction to stop the work
- Being forced to undo completed work
- Paying for damage caused to the neighbour’s property
- Legal fees and claims for compensation
- Strained or broken relationships with neighbours
By serving notice properly and following the Party Wall Act, you not only stay compliant with the law but also protect yourself from unnecessary risk.
The Notice and Agreement Process
Here’s a quick summary of the steps involved if your project requires a party wall agreement:
- Serve written notice to your neighbour (at least one month before work begins)
- Wait for a response — your neighbour can:
- Consent in writing
- Dissent and agree to a single surveyor
- Dissent and appoint their own surveyor
- If surveyors are involved, they will draw up a party wall award setting out how the work will proceed and what protections must be in place
- Once agreed, work can begin as planned
Keep in mind that your neighbour has 14 days to respond to your notice. If there’s no response, this is treated as a dissent, and the surveyor process begins automatically.
Can I Just Talk to My Neighbour Instead?
It’s always a good idea to speak to your neighbour before serving a formal notice. Clear, friendly communication can help avoid misunderstandings and may make them more willing to consent to your plans.
However, even if your neighbour agrees verbally, the legal notice process must still be followed for certain types of work. Verbal agreements alone are not recognised under the Party Wall Act.
Final Thoughts
If you’re planning to build on the boundary line with your neighbour, you may well need a party wall agreement, depending on the type of work involved. Whether you’re building a garden wall, extending your home, or carrying out structural work, it’s vital to understand your obligations under the Party Wall etc. Act 1996.
Serving a party wall notice in time and following the correct procedure protects both you and your neighbour, and avoids costly delays or disputes.
Need advice on whether your project needs a party wall agreement? Our expert surveyors are here to help you understand the process and ensure everything is done properly from the start.
