What is a Party Wall Agreement and When Do I Need One? Everything Solihull and Warwick Homeowners Need to Know in 2025
This comprehensive guide reveals everything homeowners in Solihull and Warwick need to know about party wall agreements in 2025.
Based on our experience managing building projects across the area and honest conversations with families about what worked and what didn’t, we examine the five critical things you need to understand about party wall agreements, and how to avoid the expensive mistakes that can delay your project or damage relationships with your neighbours.
Key topics covered:
- What a party wall agreement actually is and why it matters
- When you legally need one for your building work
- The notice periods and timescales you must follow
- What party wall agreements cost and who pays
- How to keep costs down and maintain good relations
- The excavation rules that catch people out
- Common mistakes and how to avoid them
- What happens if your neighbour refuses
Understanding Party Wall Agreements: The Basics You Need
A party wall agreement (technically called a party wall award) is a legally binding document required when building work affects a shared wall or structure between two properties. The agreement details how 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.
This isn’t just paperwork for the sake of it. The Party Wall Act 1996 was devised to prevent building work that could compromise the structural integrity of any shared wall of adjoining properties. The Act applies throughout England and Wales but not in Scotland or Northern Ireland.
What Actually Counts as a Party Wall?
Party walls stand on the land of two or more owners and either form part of a building or are built on common land, such as a garden wall. This includes:
The shared wall in semi-detached and terraced houses
The most common type, where the boundary line runs through the middle of the wall separating your property from next door.
Walls on one owner’s land used by both
If a wall sits entirely on your neighbour’s land but your building uses it for support, it becomes a party wall.
Party fence walls
Garden walls or boundary walls that straddle the property line, even if they’re not part of any building.
Party structures
Floors or other structures that separate buildings with different owners, such as the floor between flats in a converted house.
There’s a common misconception that the party wall is split 50-50 with one owner owning one side and the other owning the other. Actually, both owners have rights over the full thickness of the wall, subject to following the proper procedures under the Act.
The Real Purpose of Party Wall Agreements
Party wall agreements exist to protect everyone involved. They give you the legal right to carry out necessary building work whilst safeguarding your neighbours from potential damage or disruption. The agreement creates a clear framework for:
Documenting the existing condition
A schedule of condition is a detailed record including photographs of the adjoining properties’ condition prior to the start of building works. This serves as crucial evidence if disputes arise later about damage.
Setting out rights and responsibilities
Who can do what, when they can do it, and what happens if something goes wrong.
Providing a dispute resolution mechanism
If disagreements arise, the Act provides clear procedures rather than letting things escalate into expensive legal battles.
Establishing liability for damage
If your building work causes damage to your neighbour’s property, the agreement makes clear that you’re responsible for making good.
When You Actually Need a Party Wall Agreement
Understanding exactly when you need a party wall agreement prevents expensive mistakes. The requirements are specific and missing them can halt your project.
1. Work on an Existing Party Wall
You need to serve notice if you’re planning:
Cutting into the party wall
This includes inserting steel beams, forming openings, or cutting chase lines for pipes or cables. Minor work like drilling to fix shelves or pictures doesn’t usually require notice.
Removing or demolishing party walls
Either completely or partially, including removing chimney breasts that form part of the party structure.
Raising the party wall
Building up over its full thickness, whether upwards or downwards.
Underpinning the party wall
Strengthening or deepening the foundations.
Inserting damp proof courses
When this involves cutting into the party wall.
Protecting party walls during adjacent work
Even if you’re not directly altering the wall, work that could affect it may require notice.
In Solihull and Warwick, the most common scenarios requiring party wall agreements involve loft conversions where steel beams need inserting into party walls, extensions that require cutting into or raising party walls, and removing chimney breasts that form part of the shared structure.
2. Building on the Boundary Line
When modifications directly impact shared walls or structures, a party wall agreement becomes mandatory. You must serve notice if you’re:
Constructing a new wall exactly on the boundary line
This includes garden walls, garage walls, or walls for extensions.
Building up to but not on the boundary
Where your new structure will use or be supported by the line of junction between properties.
Projecting foundations onto your neighbour’s land
Sometimes necessary for structural reasons, though special foundations (those with reinforcement) require your neighbour’s written consent.
Side extensions in areas like Knowle, Dorridge, and Bentley Heath frequently trigger this requirement, as do boundary garden walls and detached garages built along property lines.
Notice must be served at least one month before work begins on boundary structures.
3. Excavating Near Your Neighbour’s Property
The excavation rules catch many people out because they apply even when you’re not touching any shared wall. Section 6 of the Party Wall Act covers excavations within 3 metres measured horizontally from any part of a building or structure of an adjoining owner where any part of the proposed excavation will extend to a lower level than the level of the bottom of the foundations of the building or structure of the adjoining owner.
The 3 metre rule
If the planned excavation exceeds the depth of the neighbouring property’s foundations and is within 3 metres of your property, then the 3-metre rule applies and notice is legally required to be given.
The 6 metre rule
Section 6 also applies where you excavate within 6 metres and any part of your excavation will meet a plane drawn downwards at an angle of 45 degrees to the horizontal from the line formed by the intersection of the plane of the level of the bottom of the foundations of the building or structure of the adjoining owner with the plane of the external face of the external wall.
The 6 metre rule sounds complicated but it’s essentially a geometry test. Imagine drawing a 45-degree line downwards from the bottom of your neighbour’s foundations. If your excavation crosses that line within 6 metres, you need to serve notice.
Common excavation scenarios requiring notice:
Extensions with deeper foundations than existing houses, particularly common with older properties in Solihull and Warwick where original foundations are shallow.
Basement conversions or cellar excavations, which almost always trigger the 3 metre rule and often the 6 metre rule.
Ground level reductions for gardens or patios when deeper than neighbouring foundations.
Swimming pools or ponds requiring significant excavation.
Underpinning work on your own property when it extends deeper than neighbours’ foundations.
For excavation work, notice must be served at least one month before you begin digging.
What Doesn’t Require a Party Wall Agreement
Not everything needs the formal process:
Minor internal work
Minor works on the party wall such as plastering, electrical work or drilling of internal walls to fit kitchen units or shelving do not require a party wall agreement.
Work entirely on your own property
Building work that doesn’t come within the distance rules and doesn’t affect party walls.
Repairs and maintenance
Routine maintenance that doesn’t involve cutting into or altering party structures.
Planning permission
Party wall agreements are completely separate from planning permission. You might need one, both, or neither depending on your project.
The Party Wall Agreement Process: Step by Step
Understanding the process prevents delays and unnecessary costs.
Step 1: Informal Discussion With Your Neighbours
Before any formal notices, talk to your neighbours. A bit of time spent on friendly relations at the start could save you thousands of pounds down the line. Show them your plans, explain what you’re doing and why, and reassure them about timing and how you’ll protect their property.
This informal discussion matters because:
Neighbours who understand your plans are far more likely to consent without appointing their own surveyor, keeping your costs down.
It prevents the shock and suspicion that can come from receiving formal legal notices without warning.
You can address concerns early before they become formal objections.
It demonstrates you’re being considerate, which helps maintain good relationships throughout the building work.
Step 2: Serve the Party Wall Notice
The formal notice must be in writing and include specific information:
For work on existing party walls
Party wall notices should be served in writing 2 months up to 1 year before building works begin.
For new walls on the boundary
At least one month before work begins.
For excavations
At least one month before you start digging.
The notice must be accompanied by plans and sections showing the site and depth of any excavation you propose to make, and if you propose to erect a building or structure, its site.
The notice should state clearly what you’re planning to do and whether you propose to underpin or strengthen your neighbour’s foundations if necessary. Invalid notices that don’t meet the requirements of the Act can be challenged and cause delays.
Step 3: Your Neighbour’s Response
Under the Party Wall Act 1996, neighbours have 14 days to respond. They have three options:
Consent in writing
If neighbours are happy with the planned works and you agree terms under which work will be carried out, you may not need a Party Wall Agreement and not need to pay a surveyor. You should still prepare a schedule of condition to avoid disputes later.
Dissent or object
This doesn’t stop your work, it just means surveyors need to be appointed to prepare a formal party wall award.
Fail to respond
If they fail to reply within 14 days, a dispute is deemed to have arisen, and you must proceed as if they dissented.
Step 4: Appointing Party Wall Surveyors
If your neighbour dissents or doesn’t respond, surveyors must be appointed. You have two options:
Agreed Surveyor approach
Both you and your neighbour agree to appoint the same impartial surveyor to act for both parties. This is cheaper because you’re only paying one surveyor’s fees.
Two surveyors approach
You appoint your own surveyor, your neighbour appoints theirs, and the two surveyors work together to prepare the award. The building owner pays for both surveyors.
Third surveyor appointment
Before any work begins, both surveyors must agree on a third surveyor who can resolve disputes if the two surveyors can’t agree. This is a safeguard, not a routine part of the process.
Step 5: The Schedule of Condition
The schedule of condition is a detailed record including photographs of the adjoining properties’ condition prior to the start of building works. This documentation is absolutely crucial. It records:
Existing cracks, defects, or damage.
The condition of walls, ceilings, decorations, and finishes.
The state of gardens, paths, and boundaries.
Any pre-existing issues that could be wrongly attributed to your building work.
Without a proper schedule of condition, disputes about damage become far more difficult and expensive to resolve. Your neighbour knows their property’s current state is documented, which provides reassurance and reduces disputes.
Step 6: The Party Wall Award
The surveyor or surveyors prepare the party wall award, which sets out:
Details of the proposed work and how it will be carried out.
Access arrangements and permitted working hours.
Rights and responsibilities of both parties.
Procedures for dealing with any damage.
Whether underpinning or other protective work is required.
Any special conditions specific to the project.
The award is legally binding on both parties once served. If either party disagrees with the award, they have 14 days to appeal to the County Court, though this is rare.
Step 7: Carrying Out the Work
Once the award is in place, you can proceed with your building work. You must:
Follow the terms of the award, including access arrangements and working hours.
Take reasonable precautions to prevent damage.
Notify the surveyor of any issues or changes.
Allow access for monitoring visits if specified in the award.
Make good any damage caused by your work or pay compensation if your neighbour prefers.
What Party Wall Agreements Actually Cost
The average project typically costs around £1,000 for a Party Wall Agreement, but this can rise depending on the complexity of the project and the number of surveyors involved.
Typical Cost Ranges for Different Scenarios
Simple single-storey extension with consent
If your neighbour consents and you appoint an agreed surveyor, costs might be £600 to £900 plus VAT for preparing notices and a schedule of condition.
Standard extension with one adjoining owner
You could pay £900 for a straightforward loft conversion with only one party wall surveyor involved using the agreed surveyor approach. With two separate surveyors, this typically rises to £1,800 to £2,000.
More complex projects
Extensions affecting two neighbouring properties, or work requiring detailed structural assessments, typically cost £1,500 to £3,000 when using an agreed surveyor.
Basement excavations
This could rise to around £6,000 for a basement building project with two surveyors. Basements are complex because they affect multiple neighbours, require detailed structural assessments, and need more surveyor involvement throughout the work.
Multiple adjoining owners
If your project affects three or four neighbouring properties, each requires notices and potentially separate awards. Costs can reach £4,000 to £8,000 for complex projects in terraced properties.
If you need to hire a party wall surveyor, the cost can be anywhere from £90 to £450 per hour, though most work on fixed fees for standard projects.
Who Pays the Costs?
The owner who is planning the building work will pay all the costs associated with drawing up the Party Wall Agreement including paying the surveyors. This includes:
Your own surveyor’s fees.
Your neighbour’s surveyor’s fees if they appoint one.
The third surveyor’s fees if one needs to be appointed to resolve disputes.
All administrative costs for serving notices.
The cost of preparing schedules of condition.
Any follow-up inspections or reports.
This might seem unfair, but the logic is straightforward: you’re the one who wants to build, so you bear the costs of ensuring it’s done legally and protects your neighbours’ interests.
How to Keep Party Wall Costs Down
Talk to your neighbours first
Early, friendly conversations dramatically increase the chances of consent without surveyors.
Serve notices early
Last-minute notices make neighbours suspicious and more likely to appoint their own surveyor.
Use professional notices
A set of professionally prepared notices from a RICS chartered surveyor will be more likely to be trusted and receive consent. Poorly drafted DIY notices often backfire.
Offer a schedule of condition upfront
By offering a Schedule of Condition, you are effectively offering to set that evidence down for them, which reassures neighbours and reduces objections.
Encourage the agreed surveyor approach
If surveyors are needed, proposing an agreed surveyor from the start keeps costs far lower than two separate surveyors.
Choose experienced surveyors
By ensuring all the necessary information is to hand, and by providing adjoining owners with ample information and clear advice, a good party wall surveyor can help keep the cost down.
Serve notices in a stepped manner
For multiple neighbours, serve one notice first, wait for the response, then serve others. This can prevent multiple different surveyors being appointed.
Common Party Wall Mistakes and How to Avoid Them
Mistake One: Starting Work Without Serving Notice
Starting work without serving proper party wall notices is illegal and can result in:
Injunctions forcing you to stop work immediately.
Having to dismantle completed work that doesn’t comply.
Paying damages to affected neighbours.
Paying your neighbour’s legal costs.
Strained relationships that make the rest of your project miserable.
Even if you think your work doesn’t need notice, check properly. The costs of getting it wrong far exceed the cost of serving notices.
Mistake Two: Leaving It Too Late
Party wall notices should be served in writing 2 months up to 1 year before building works begin for work on existing party walls. Last-minute notices cause problems:
Your neighbour feels pressured and is more likely to object.
There’s no time for the surveyor appointment and award process.
Your building work gets delayed, keeping contractors sitting idle whilst you wait.
You end up paying rush fees to surveyors.
In Solihull and Warwick, where many homeowners carefully maintain their properties, respect for proper timescales demonstrates professionalism and consideration.
Mistake Three: Poor Communication With Neighbours
Serving formal notices without any prior conversation is a recipe for disputes. Neighbours receiving unexpected legal notices often:
Assume the worst about your plans.
Immediately appoint their own surveyor out of concern.
Object to reasonable proposals because they feel blindsided.
Become difficult to work with throughout your project.
A cup of tea and honest conversation before formal notices saves money and stress.
Mistake Four: Using Unqualified Surveyors
Anyone can legally call themselves a party wall surveyor because the Act doesn’t specify required qualifications. This creates problems:
Inexperienced surveyors make mistakes that delay projects.
Invalid notices that need reissuing.
Awards that don’t properly protect either party.
Disputes that escalate unnecessarily.
Look for chartered surveyors with RICS or Faculty of Party Wall Surveyors qualifications and proven experience in your area.
Mistake Five: Not Documenting Property Condition
Skipping the schedule of condition is penny-wise and pound-foolish. Without proper documentation:
Pre-existing damage gets blamed on your work.
Disputes about what’s your responsibility become intractable.
You can’t prove your work didn’t cause alleged damage.
Relationships with neighbours deteriorate over disputes about liability.
A proper schedule of condition costs a few hundred pounds and can save thousands in disputed damage claims.
Mistake Six: Ignoring the Terms of the Award
Once the party wall award is in place, you must follow it. Common breaches include:
Working outside permitted hours.
Refusing reasonable access for monitoring.
Not notifying the surveyor of problems or changes.
Failing to make good damage you’ve caused.
Breaching the award gives your neighbour grounds for legal action and can result in work stoppages and liability for costs.
What Happens If Your Neighbour Refuses?
A common worry is “what if my neighbour refuses and blocks my project?” The good news: If your neighbour refuses your party wall agreement, it does not mean an end to your building works.
Your Neighbour Cannot Stop Legitimate Work
The Party Wall Act gives you the right to carry out necessary building work. Your neighbour can’t refuse consent in a way that prevents your project. If they dissent:
Surveyors are appointed to prepare an award.
The award is prepared based on technical assessment, not your neighbour’s preferences.
The award is legally binding once served.
Your work can proceed under the terms of the award.
Your neighbour’s recourse if they genuinely disagree with the award is to appeal to the County Court within 14 days, but appeals are rare and courts generally uphold reasonable awards prepared by qualified surveyors.
Managing Difficult Neighbours
If you’re dealing with a neighbour who’s hostile to your plans:
Stay professional and courteous
Don’t let their attitude change yours. Document all communications.
Use experienced surveyors
Qualified surveyors have seen difficult situations before and know how to handle them professionally.
Follow the process exactly
Give them no legitimate grounds to complicate things further.
Don’t let them pressure you into abandoning legitimate plans
The law protects your right to improve your property.
Keep your builder informed
They need to know there may be some tension but that the legal framework is in place.
Most disputes get resolved professionally through the surveyor process. Genuinely intractable situations are rare.
Party Wall Agreements for Different Types of Projects
Loft Conversions
Loft conversions in semi-detached and terraced houses across Solihull, Knowle, Dorridge, and surrounding areas almost always require party wall procedures. Common requirements include:
Cutting into party walls for steel beams
Supporting new floor joists typically requires inserting padstones and beams into the party wall.
Raising the party wall
If you’re building up the roof height, you might need to raise the party wall at the same time.
Structural alterations to party walls
Removing sections of wall or altering loadbearing elements.
Serve notice at least two months before work begins. A straightforward loft conversion with one adjoining owner typically costs £900 to £1,500 for party wall procedures when handled efficiently.
Kitchen Extensions
Single-storey rear extensions often require party wall agreements in semi-detached houses. Typical scenarios include:
Side return extensions
These wrap around the side of your property and almost always involve building on or near the boundary line.
Excavations deeper than neighbours’ foundations
Many older houses in Warwick and Solihull have shallow foundations, meaning modern extension foundations trigger the 3 metre excavation rule.
Removing chimney breasts
If your kitchen extension involves removing a chimney breast that forms part of the party structure, notice is required.
For a typical kitchen extension affecting one neighbour, budget £800 to £1,500 for party wall costs if your neighbour consents, or £1,500 to £2,500 if separate surveyors are appointed.
Two-Storey Extensions
These typically require more comprehensive party wall procedures because they involve:
Work on existing party walls at multiple levels.
Deeper excavations for increased loadings.
More extensive structural alterations.
Longer construction periods requiring more surveyor involvement.
Party wall costs for two-storey extensions typically range from £1,200 to £3,000 depending on complexity and the number of adjoining owners.
Basement Conversions
Basements are the most complex party wall scenario. Where excavation will be deeper than the foundations of adjoining owners’ properties, a building owner is required to serve notice on all owners within 3 metres of their property, and in some cases, within 6 metres.
Basement projects typically require:
Notices to multiple neighbours, including properties not physically attached.
Detailed structural assessments and monitoring.
More extensive schedules of condition.
Regular surveyor inspections throughout the work.
Underpinning or strengthening of neighbours’ foundations.
Budget £3,000 to £6,000 or more for party wall costs on basement projects, and expect the process to take several months from initial notices to final completion.
The Party Wall Agreement Timescale
Understanding realistic timescales prevents frustration and delays.
Best-Case Scenario: Quick Consent
Informal discussion with neighbour: 1 to 2 weeks.
Serve formal notice: 1 day.
Neighbour considers and consents: 1 to 2 weeks.
Agreed surveyor prepares schedule of condition: 1 to 2 weeks.
Total: 3 to 5 weeks from starting the process to being able to commence work.
This requires cooperative neighbours, early discussions, and clear professional notices. It’s achievable for straightforward projects in Solihull and Warwick where neighbours are reasonable.
Standard Scenario: Surveyor Appointment Required
Informal discussion with neighbour: 1 to 2 weeks.
Serve formal notice: 1 day.
14-day response period: 2 weeks.
Appointing surveyors: 1 week.
Preparing schedule of condition: 2 to 3 weeks.
Drafting and agreeing the award: 2 to 4 weeks.
Total: 8 to 12 weeks from starting the process to work commencing.
This is realistic for typical extensions where neighbours aren’t hostile but want their own surveyor to review things.
Complex Scenario: Multiple Neighbours or Disputes
For basement projects, terraced properties, or situations with disagreements:
- Initial discussions and notices: 2 to 4 weeks.
- Multiple surveyor appointments: 2 to 3 weeks.
- Detailed surveys and assessments: 4 to 6 weeks.
- Negotiating terms of awards: 4 to 8 weeks.
- Resolving disputes between surveyors: 2 to 6 weeks.
Total: 14 to 27 weeks from starting the process to work beginning.
If you have disagreements with your neighbours, you may still be fighting for the party wall award ten or twelve months down the line.
The message is clear: start the party wall process early. Beginning conversations six months before you want to start building gives comfortable time for even complex situations.
Party Wall Agreements and Planning Permission
Party wall agreements and planning permission are completely separate processes. You might need:
Planning permission only: For work that doesn’t affect party walls or boundaries, such as a small front extension on a detached house.
Party wall agreement only: For work under permitted development that affects party walls, such as a standard rear extension on a semi-detached house.
Both: For larger projects that need planning permission and affect party structures.
Neither: For small projects that fall under permitted development and don’t affect party walls.
Never assume planning permission covers party wall requirements or vice versa. They’re governed by different legislation and serve different purposes.
Getting Party Wall Agreements Right in Solihull and Warwick
Party wall procedures might feel like bureaucratic inconvenience, but they serve crucial purposes: protecting your legal right to build whilst safeguarding your neighbours from damage and disruption. Handled properly, the process is straightforward and relatively inexpensive. Handled badly, it causes delays, damaged relationships, and unnecessary costs.
Key Principles for Success
Start early
Begin party wall conversations at least three months before you want to start building, longer for complex projects.
Communicate openly
Talk to your neighbours before serving formal notices. Explain your plans, show drawings, and address concerns.
Use professional help
RICS chartered surveyors with party wall experience prevent costly mistakes.
Don’t cut corners
Proper notices, schedules of condition, and awards protect everyone involved.
Follow the process
The Party Wall Act provides clear procedures. Following them properly prevents disputes and delays.
Budget realistically
Plan for £1,000 to £2,000 for straightforward projects, more for complex work or multiple neighbours.
Maintain good relationships
You’ll be living next door to these people long after your building work finishes.
Your Next Steps
Working out whether you need a party wall agreement and managing the process properly is crucial for any building project in Solihull, Warwick, and surrounding areas. The investment in getting this right pays dividends in preventing disputes, delays, and damaged neighbourly relations.
Ready to explore how a home extension could enhance your Solihull or Warwick home? Contact Use Your Space today for an initial consultation. We’ll visit your property, discuss your aspirations, assess the possibilities, and provide honest advice about what’s achievable including any party wall requirements.
Our comprehensive approach means we handle every aspect from initial design through planning (if required), building regulations, party wall procedures, and construction to final completion. We’ll advise you on when party wall agreements are needed, can recommend experienced local party wall surveyors, and ensure the process is managed professionally from start to finish.
Transform your home to meet your family’s needs whilst maintaining excellent relationships with your neighbours and protecting everyone’s interests.
Contact Use Your Space today to begin your home improvement journey across Solihull, Warwick, Knowle, Dorridge, Bentley Heath, Shirley, Balsall Common, Leamington Spa, and Kenilworth.
