The term “Party Wall Agreement” is one that’s often used by homeowners, contractors, and even architects — but technically, there’s no such thing as a “Party Wall Agreement” under the Party Wall etc. Act 1996.
When someone refers to a “Party Wall Agreement,” they are usually talking about the legal process under the Act that governs works to party walls, boundary walls, and excavations near neighbouring structures. However, the correct term for the document produced under the Act is a Party Wall Award — not an agreement.
Under the Party Wall etc. Act 1996, the service of notice is the first and only statutory requirement before undertaking notifiable works.
Once notice has been served, the Adjoining Owner has the option to:
If neighbours wish, they can still produce their own local agreement outside of the Act — for example, confirming access arrangements or recording mutual understandings in writing. This kind of private agreement can include any terms both parties wish, but it carries no statutory protection under the Party Wall etc. Act.
In other words, it’s a civil arrangement between the neighbours — not a legal Party Wall Award.
If the Adjoining Owner dissents or simply does not respond within 14 days, a dispute is deemed to have arisen. In this case, the Building Owner and Adjoining Owner each appoint a surveyor, or agree to use one Agreed Surveyor to act impartially for both.
The appointed surveyor(s) have a statutory duty to prepare a Party Wall Award — a legally binding document that resolves the dispute and sets out the rights, responsibilities, and protective measures for the works.
So, while the phrase “Party Wall Agreement” is widely used, it’s a misnomer. The Act doesn’t provide for such an agreement — only for a Party Wall Award following a formal notice and (if necessary) a dispute resolution process.
Contact Christopher Anthony Surveyors for clear advice and professional support.
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Christopher Anthony Surveyors provide professional Party Wall Surveyor services across London and the surrounding areas, including Hackney, Islington, Camden, Haringey, North London, East London, South London, West London, Bexley, Essex, Hertfordshire, Surrey, and Kent.
Our coverage also extends to Tower Hamlets, Waltham Forest, Enfield, Barnet, Southwark, Greenwich, Lewisham, Bromley, Croydon, Lambeth, Hammersmith & Fulham, Wandsworth, Merton, Kingston upon Thames, Ealing, Brent, Harrow, Hillingdon, Richmond upon Thames, and Sutton.
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