Can a neighbour refuse a party wall agreement?

Can a neighbour refuse a party wall agreement? Yes, but that doesn't mean an end to your planned works. Find out what you need to do next.

Ruth Jackson-Kirby Personal Finance & Property Journalist

If your property shares a wall with a neighbouring property, you may need your neighbour’s approval before you can undertake any work on or near that wall. This is where a party wall agreement comes in, giving your neighbour notice of works that you plan to do. But can a neighbour refuse a party wall agreement? And what should you do if this happens to you?

What is a party wall?

A party wall is a shared wall on your property. The most common form is a shared wall between terraced houses or two semi-detached properties. It is the wall that separates the two properties. Party walls can also refer to garden walls built over or along a boundary.

What rights do I have under the Party Wall Act?

In England and Wales the Party Wall Act 1996 outlines a homeowner’s rights when it comes to undertaking work on or near a party wall. These rights are:

• The right to carry out certain works on party walls within your property
• The right to appoint a party wall surveyor to resolve disputes with your neighbours over party wall works
• The right to reasonable protection measures to stop your property being damaged or left unsecure by party wall works.
• The right not to endure unnecessary inconvenience due to party wall works.
• The right to compensation for loss or damage caused by party wall works

However, you also have responsibilities under the Party Wall Act. These include:

• Giving advance notice of at least 14 days before work starts on a party wall
• Putting right any damage caused by party wall works

What work does the Party Wall Act cover?

The law defines exactly what building projects are allowed on party walls where a party wall agreement is required. Works fall into three types: building along a property boundary, excavating within given distances of the party structure and altering a party structure. It can include the following:

• Insert a damp proof course or flashing
• Cut into a party wall to support a steel beam
• Remove projections from a party wall (such as a chimney breast)
• Raise the height of a party wall
• Demolish and rebuild a party wall
• Underpin a party wall
• Repair a party wall

Not sure if you need a party wall agreement? Find and speak to local qualified Party Wall Surveyors today. You’ll instantly receive contact details of Party Wall Surveyors allowing you to get in touch and discuss your needs.

What is a party wall agreement?

If you want to undertake work to a party wall or close to one, you have a legal requirement to inform your neighbours with a party wall notice. This can also be called a party wall agreement or or party wall award.

A party wall agreement is then drawn up to show that your neighbours have agreed to the work. It should include details on how the building works will be carried out, including acceptable working hours, how the party wall will be accessed and any other necessary agreements relating to the work.

Your party wall agreement should also include evidence of what state the adjoining properties were in before you start works. This is known as a ‘schedule of condition’ and acts as a record in case there are disputes in the future about how your building work affected your neighbour’s property.

For more advice, see our complete guide to party wall agreements.

Do I need a party wall agreement?

A party wall agreement is needed if you are planning building work on or near a party wall. This includes excavations within three to six metres of your neighbour’s property.

The most common reason for party wall agreements are loft conversions, inserting damp proof courses and digging foundations for a home extension.

Minor works such as plastering, electrical work or attaching kitchen units or shelving to a party wall don’t usually require a party wall agreement. For more advice, find and speak to local qualified Party Wall Surveyors today.

Can a neighbour refuse a party wall agreement?

Yes, your neighbour can refuse a party wall agreement. When you issue a party wall notice to tell your neighbours about planned works, they have 14 days to respond. They can either consent to the work or a neighbour can refuse a party wall agreement.

If your neighbour refuses a party wall agreement, they may issue a counter-notice where they ask for changes to the plans. This could be that they ask for you not to work at certain hours that would disturb them, or they suggest a quieter method of doing the job.

You are now classed as being in dispute as your neighbour has refused your party wall agreement.

Note that your neighbour may not have a specific dispute with the planned building work but may insist that the party wall agreement and condition report are prepared by a surveyor to avoid disputes later on.

What to do if a neighbour refuses a party wall agreement

Do not carry on with building work if your neighbour refuses a party wall agreement. If you proceed with works, your neighbour can serve an injunction to stop the job until the disagreement has been resolved.

The best course of action is to communicate with your neighbour to see if you can work out the areas, they are unhappy with and come to a new agreement. Any amendments made to the initial party wall agreement should be in writing and you should keep a copy of correspondence to prove that you and your neighbour agreed the new terms.

If you can’t reach an agreement with your neighbour, you will need to appoint a Party Wall Surveyor. They will then step in to settle the dispute by issuing a Party Wall Award. They will work with both parties to draw up the award.

Find local qualified Party Wall Surveyors and get a quote today.

Can I appoint a surveyor if a neighbour refuses a party wall agreement?

Yes, you can appoint a party wall surveyor to act as an impartial mediator if your neighbour refuses a party wall agreement. Ideally your neighbour will agree to use the same surveyor as you, but they don’t have to, they have the right to appoint their own surveyor at your expense. Read more about fees in our party wall surveyor costs guide.

The surveyor, or surveyors, will try and reach a party wall agreement that both you and your neighbour can consent to. However, if you still can’t agree then a third-party wall surveyor is appointed to act as an adjudicator.

Can my neighbour stop my work on a party wall?

If the work you plan to do is legal and you comply with the Party Wall Act your neighbour can’t stop the works. However, they can object to when the work takes place and how it is done. For example, they can insist you don’t work at certain hours and suggest alternative, less disruptive construction methods.

If you can’t come to an agreement, you’ll need to appoint party wall surveyors to settle the dispute so you can go ahead with works on your party wall.

Use our free Party Wall Surveyor service to find a local surveyor and get quotes today.

Can my neighbour appeal a Party Wall Award?

A Party Wall Award is considered binding, but you or your neighbour can appeal it. To contest a Party Wall Award, you would need to lodge an appeal with the county court within 14 days of receiving the documents from the party wall surveyor.

The county court can overturn the Party Wall Award, make changes to it or come to an alternative decision.

Think hard before you take an appeal to the county court. If you lose the case, you could have to pay yours and your neighbour’s court costs.

My neighbour hasn’t served a party wall notice

Your neighbour is bound by the Party Wall Act just as much as you are. If they start work on or near a party wall without serving a party wall notice, the best approach is to have a friendly chat with them. It may be that they are unaware of their responsibilities under the Party Wall Act, or they didn’t realise the work they were doing would affect a party wall. Perhaps direct them to this guide!

Ideally a quick chat will lead to them going away and preparing a party wall notice. You can then decide if you are happy with the proposed work and give your consent or if you want to dispute it.

If you do want to dispute the work they are planning, the easiest approach is to discuss it with them and see if you can negotiate a plan that you can both agree on.

Otherwise, you will need to appoint a Party Wall Surveyor to settle matters.

Find local qualified Party Wall Surveyors and get a quote today.

How to avoid a neighbour refusing a party wall agreement

In an ideal world we all want to get on with our neighbours. Disagreements over building work are common though and can lead to years of awkwardness. So, what steps can you take to avoid a fall out over building work on a party wall?

1. Have a chat – If you are planning works that could affect a party wall speak to your neighbours about it. Pick a good time and pop round to let them know what you are planning, when the work will take place, how long it will take and how much disruption you anticipate. An informal chat can quickly resolve any issues before they arise and avoid any aggravation.
2. Keep in touch – Give your neighbour your phone number or email address so they can easily get in touch if they have any issues with the building work.
3. Give notice – Under the law you have to give 14 days’ notice before you start work on a party wall. This should be done by giving your neighbour a Party Wall Notice. Make sure you give at least this amount of notice, so your neighbours don’t feel like you’ve sprung the work on them. It also gives you both time to negotiate if needed before your builders turn up.
4. Use the correct party wall template if you are doing it yourself or use a party wall surveyor – You can use a party wall surveyor to draw up a party wall notice and carry out the condition report of your neighbour’s property. Offering to use a surveyor of your neighbour’s choice may help to reach agreement. Alternatively, it is cheaper to do the party wall agreement yourself, but it is important to use the right template. Our guide to party wall agreements includes templates for party wall notices you can use.
5. Keep your neighbours informed – Make sure your neighbours know that they have to respond to your notice within 14 days. If they don’t, they get a 10-day extension to respond before they are automatically classed as dissenting the work, which means you’ll have to pay a surveyor. Ensuring they understand this then politely reminding them could avoid you a costly process.
6. Make consenting simple –  The party wall notice templates in our party wall agreement guide include an acknowledgement letter for you to give to your neighbour with the notice. Then all they have to do is sign and date it. Taking the hassle out of the process for them.

If all this fails and your neighbour still refuses to give consent for your party wall works you will have to appoint a surveyor or surveyors to sort things out. It is still worth trying to keep things cordial. If you remain on good terms with your neighbour, you may be able to agree to appointing a joint surveyor which will keep your costs down. Our guide to party wall surveyor costs will give you an idea of what you may end up paying.

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