Party Wall Agreements are key to ensuring proposed works can go ahead in a way that serves the interests of both neighbours, but the time it takes to reach an agreement can vary. As such, understanding what a Party Wall Agreement is and the various stages to navigate is key to ensuring a smoother process down the line.
At Stokemont, we advise both building owners and adjoining owners on every stage of the process, ensuring your rights, responsibilities, and options are clear throughout.
In this guide, we’ll explain what a Party Wall Agreement is, the key steps in the process, and the main factors that can determine how long a Party Wall Agreement takes.
What is a Party Wall Agreement and When Do I Need One?
A Party Wall Agreement – often referred to as a Party Wall Award – is the legally binding document that determines how the proposed works can proceed for both the building owner and adjoining owner.
Under the Party Wall etc. Act 1996, a Party Wall Award sets out how and when the works can proceed, and also the rights and responsibilities of both parties. This can include matters such as:
- Time frames (e.g., start date, deadline for completion).
- Working hours (e.g., restrictions on works taking place too early in the morning, too late in the evening, or on certain days like weekends).
- Approved and prohibited tools or equipment.
- Terms of liability for damages that occur during the works.
- Access arrangements.
- Requirements for protecting the neighbouring property.
Typical Party Wall Agreement Timescales
In straightforward cases where an adjoining owner consents to a Party Wall Notice, the process can often be completed within a few weeks. Where surveyors need to prepare a Party Wall Award, however, the process can take up to 12 weeks, depending on the complexity of the works and the speed of responses from all parties.
Stages of the Party Wall Agreement Process
The time required to establish a Party Wall Agreement depends largely on how quickly each stage of the process is completed. While every project is different, the process will typically involve the following key stages:
Party Wall Notice
One of the first stages of the Party Wall process is the serving of a Party Wall Notice from the building owner to the adjoining owner. A Party Wall Notice is a formal document that informs affected neighbours of the proposed works and provides them with the opportunity to consent or dissent under the Party Wall etc. Act 1996.
If the adjoining owner consents to the proposed works, the process is typically straightforward, with no requirement to appoint surveyors or prepare a Party Wall Award. However, the relevant notice period under the Party Wall Act must still usually be observed before works can commence. Depending on the type of works being undertaken, this is typically between one and two months from the date the Notice is served.
If the adjoining owner chooses to dissent, surveyors will need to be appointed to resolve the dispute and prepare a Party Wall Award. This can significantly increase the overall time frame, as surveyors must assess the proposed works, address any concerns raised by either party, and agree on the terms under which the works can proceed.
Where both parties agree to use a single agreed surveyor, the process can be completed more quickly than where each party appoints their own surveyor. Where two surveyors are appointed, additional discussions and negotiations may be required before a Party Wall Award can be finalised.
There are also statutory requirements governing the process, including the amount of time an adjoining owner has to respond to a Notice. The typical response timeline is as follows:
- First Notice: Upon service of the first Notice, the adjoining owner will have a total of 16 days to respond, consisting of 14 statutory days and a 2-day allowance for postage.
- Second Notice: If no response is received, a second Notice must be served. This allows for a further 12-day response period, consisting of 10 statutory days and a 2-day allowance for postage.
- Section 10(4) Notice: If there is still no response, a Section 10(4) Notice can be served, giving the building owner the right to appoint a Party Wall Surveyor on the adjoining owner’s behalf to allow the Party Wall process to continue.
Schedule of Condition Report
Where surveyors are appointed following a dissent, one of the next stages in the Party Wall process is often the preparation of a Schedule of Condition (SOC) Report.
An SOC is an inspection of the adjoining owner’s property before works commence, resulting in a detailed report of its condition prior to construction taking place.
Typically prepared by a professional surveyor, an SOC usually includes hundreds or sometimes thousands of photos alongside written descriptions to highlight instances of damage, defects, and wear and tear before work begins.
An SOC is beneficial in multiple ways, as it not only highlights existing issues but also allows surveyors to identify potential problems that could develop during the works. For example, if allegations of damage are made after the works have been completed, the SOC provides an independent record that can be used to determine whether the damage existed before construction began.
The time needed to plan and prepare an SOC can depend on numerous factors, such as:
- The type and complexity of disputes between neighbours.
- Whether one or more surveyors have been appointed.
- The size and condition of the home being reviewed.
- Access delays/restrictions to the adjoining owner’s home.
This is an area throughout the Party Wall procedure that could cause some delay as it relies on coordinating a time and date that’s suitable for the adjoining owners (and their Party Wall Surveyor if they have chosen to appoint one).
However, once a surveyor has been on site and completed the inspection, we aim to have the report written within seven days.
While a Schedule of Condition Report is most commonly prepared when a Party Wall Notice has been dissented to, some adjoining owners may choose to hire a surveyor to prepare one when consent has been given, as an additional safeguard against any future disputes.
Party Wall Award
The Party Wall Award (or Party Wall Agreement) is the legally binding document that determines the rules and obligations of both parties during the planned works. As such, this is one of the final parts of the Party Wall procedure, with the time required for this stage depending on factors such as:
- The complexity of the proposed works.
- The nature of the disputes.
- The number of surveyors involved.
Finalisation of the Award is often straightforward if there is only one appointed Party Wall Surveyor, but can become a lengthy process when there are two (or more) surveyors involved. This is because the two surveyors may require additional negotiations, with compromises necessary on both sides to complete the agreement.
In cases where the two surveyors can’t reach an agreement, a third Party Wall Surveyor may be called upon to make an independent decision on the remaining disputes and complete the Party Wall Award. The third surveyor is typically chosen by the two surveyors at the beginning of the process, but is only called upon in cases of a deadlock.
The Party Wall Agreement Timeline
To recap, the timeline for a Party Wall Agreement can be divided into the following stages:
- Party Wall Notice served: Building owner issues notice. The adjoining owner considers the proposed works and responds.
- Surveyors appointed (if required): Following a dissent, one or more surveyors are appointed.
- Schedule of Condition Report prepared: The adjoining owner’s property is inspected and reported on before the works begin.
- Party Wall Award prepared: Surveyors determine the terms under which the works can proceed and prepare the Award.
- Third surveyor involvement (if required): Where appointed surveyors cannot agree, the third surveyor may be called upon to make a final decision.
The most straightforward Party Wall cases, where the adjoining owner consents to the proposed works, can often be resolved by the end of the Notice stage. Naturally, it will typically take far longer to resolve more complex situations that require an Award or the involvement of a third surveyor.
Where to Go for Party Wall Agreement Advice
Reaching a Party Wall Agreement can be a stressful and time-consuming process for both building and adjoining owners. As a team of Party Wall specialists, we can assist you through every stage of the process to ensure a timely and favourable resolution.
If you’d like to learn more about our Party Wall Surveying services, contact us today for friendly and practical advice from a member of our team.
FAQs
How long is the Party Wall Notice period?
The statutory notice period for a Party Wall Notice is typically one to two months. The exact timings will depend on the type of work being proposed. Excavations or new walls being built on a boundary typically have a one-month notice period, with work directly affecting existing shared party structure requiring two months’ notice.
Once the Notice is served, the adjoining owner typically has 16 days (14 statutory days and 2 days for postage) to consent or dissent in writing.
Can I get a Party Wall Agreement after the works are completed?
No. A Party Wall Award cannot normally be obtained retrospectively once the works have been completed. The Party Wall etc. Act 1996 is designed to resolve disputes before construction begins, meaning that if works proceed without the required consent or Party Wall Award, the protections and procedures provided by the Act are unlikely to apply.
