Party Wall Agreement FAQ's

Is there a difference between a "party wall award" and a "party wall agreement"?

Yes. But simply, a "party wall agreement" is only suitable where the person undertaking the building work and the neighbouring owner both agree to the work proceeding without the need to appoint party wall surveyors. Generally an agreement would only be used for quite simple domestic extension projects as more complex work would usually be best dealt with by surveyors. An agreement can be useful where the adjoining neighbour is happy to consent to the work but would like a written agreement setting out how the work is to be carried out, the procedure for putting right any damage, and any other necessary safeguards.

A "party wall award" can be prepared for any type of work that is subject to the Party Wall Act. Unlike an agreement, which is always arranged directly between neighbours, a party wall award is drafted by surveyors who are formally appointed by each party. Generally a party wall award will be much more thorough than a simple agreement. The appointed party wall surveyors will look into the proposed works in detail, making recommendations and requesting further information from designers where necessary. If a neighbouring owner objects to the work, wishes to propose changes to the scheme, or requires a surveyor to be appointed to safeguard their interests then a party wall award is the only suitable option.

What is contained within a "party wall agreement"?

Each party wall agreement is different as it will be customised for your project based upon the information that you provide to us. In general the agreement sets out a fair and reasonable framework to allow the building work to be carried out quickly and safely without causing any unnecessary inconvenience to the adjoining owner. It also sets out an inexpensive and straightforward procedure for both parties to follow if there are any problems or damage occurs.

Do I still need to serve a "party wall notice" on my neighbour if they have signed a "party wall agreement"?

Our party wall agreements contain all of the information required to be included on a party wall notice. You do not therefore need to serve a separate party wall notice if your neighbour has signed the party wall agreement.

Unless you have spoken with your neighbour and know that they are willing to sign a party wall agreement you should generally first serve a party wall notice. Your neighbour can still sign a party wall agreement even after notice has been served.

I am still confused as to whether I should first serve a party wall notice or buy an agreement. What should I do?

If you have spoken with your neighbours and they have said that they do not require a party wall surveyor then you may wish to purchase an agreement online and give it to your neighbours to sign. There is no need to serve a separate party wall notice.

If you have not spoken with your neighbours or do not know whether they will require a party wall surveyor then you should first serve a party wall notice. Your neighbour can then decide whether they wish to appoint a party wall surveyor or sign a party wall agreement. If they consent to a party wall agreement then you can use the discount code provided when you purchased the party wall notices to receive a reduction on the cost of buying one of our online party wall agreements.

Can I not just consent to my neighbour's works rather than signing a "party wall agreement"?

You can consent to your neighbour's works without entering into a party wall agreement. However, without an agreement there would be no framework to ensure that both parties act reasonably and in a neighbourly fashion.

Can I only buy a "party wall agreement" from you online?

No. We also offer an offline drafting service where you will speak to one of our advisors about your project and we will create the agreement for you within seven working days. However, our offline service is far more time consuming and is therefore charged at the higher rate of £295 plus VAT per agreement. An online party wall agreement costs just £99 plus VAT.

My neighbour wishes to do work that is governed by the Party Wall Act. Should I sign a "party wall agreement" or request a "party wall awards?

The answer to this question will depend upon the complexity of the building work, your relationship with your neighbour, and your understanding of what your neighbour proposes to build.

If you have a good understanding of the proposed work and you feel that the risk of damage to your property is relatively low then you may consider signing a party wall agreement if your neighbour offers this to you. The agreement will set out a basic framework detailing what work is to take place, how the work is to be carried out, and what will happen in the event of damage occurring. In signing the agreement you are consenting for the work to proceed. Surveyors will not be appointed to look into the proposed scheme. The cost of purchasing the agreement will usually be paid by the person undertaking the work.

If you are unsure about the extent and/or nature of the building work or are not happy for the work to proceed without a surveyor first investigating the scheme to safeguard your interests then you should consider requiring a party wall award. When the surveyors make a party wall award they will act fairly and neutrally to ensure that each party has their rights and interests adequately protected. The surveyors' fees for making a party wall award will usually be paid by the person undertaking the work.

I am considering buying an online party wall agreement. Should I buy a schedule of condition at the same time?

It is not essential to have a schedule of condition of your neighbour's property although it can be very useful. The schedule of condition provides a detailed and accurate report of the condition of the adjoining neighbour's property before work starts.

This report serves to protect both parties in the event of a later dispute. If allegations of damage are made then the schedule of condition makes it easy for the owners to decide between themselves whether the damage came about after the works or existed before the work started. Even if the owners cannot agree, the schedule of condition is very helpful to any surveyor appointed to investigate the allegation of damage and can help to prove liability.

A party wall agreement combined with a schedule of condition provides a good level of protection for both parties before work starts and can often help to ensure that disputes do not arise between neighbours. VBA are able to prepare a schedule of condition in as little as two working days for only £395 plus VAT. The cost of putting in place the protection offered by a schedule of condition is minimal when compared with the potentially significant legal and surveying costs, alongside poor neighbourly relations, that can be generated by a dispute over damage.

If you purchase a schedule of condition at the same time as an online party wall agreement you can benefit from paying the reduced rate of £395 plus VAT as opposed to our normal charge of £495 plus VAT per schedule of condition.

Why can't I just take my own photographs rather than paying for a schedule of condition?

You can take your own photographs of your neighbour's house before work starts but this is often not the best option. Firstly, most homeowners are not party wall surveyors and will therefore not know where to take photographs or what is potentially relevant. Our party wall surveyors are very experienced and can easily identify potential areas for damage and the scope of any existing damage. Secondly, the schedule of condition is much more detailed than a set of photographs. It is a full written record of the condition of the party wall and relevant areas and is therefore much more useful than photographs when assessing whether damage, such as cracks getting wider, has been caused by the work.

A schedule of condition prepared by an independent and experienced party wall surveyor will help to reduce the potential for neighbourly disputes. Photographs taken by one or the other party might serve to make matters worse in the event of a dispute if the photo is unclear or not of the right area.

I have bought an online party wall agreement but my neighbour won't sign it. What shall I do?

We would always advise you to first speak with your neighbour about your work before buying an agreement. This will mean that you will know whether your neighbour will sign the agreement before going any further.

If your neighbour refuses to sign the party wall agreement you will need to speak with one of our advisors straight away. You will generally need to serve a party wall notice on your neighbour under the Party Wall Act and wait up to 14 days for a response. If your neighbour dissents from the notice or does not respond then you will require a party wall award to be prepared.

In this event the cost of the online party wall agreement would be deducted from our fees for producing the party wall award.

Can I see a sample agreement before I buy it?

Each agreement is specifically created for your individual project. We do not offer any free templates or sample agreements as these are rarely relevant to your project but invariably get copied and put to use by some homeowners. We would rather offer a professional quality service to our customers and ensure that their agreement is customised specifically for their project.

Both of my neighbours would like party wall agreements. Can I use the same agreement for both neighbours?

No. Each neighbour requires a separate agreement because every agreement is specifically tailored to each neighbour's circumstances. Quite often each neighbour will be affected under different sections of the Party Wall Act which is the reason that each agreement has to be specific to an individual property.

If you need to purchase more than one party wall agreement we are pleased to offer the second agreement for only £46 plus VAT. Unfortunately we are unable to process more than two online party wall agreements per project. For more complex projects, please contact one of our advisors for a quotation.

Vincent-Brown & Associates Limited do not provide advice on the suitability of any template for a particular usage or circumstance.