Party Wall Agreement When Selling: What to Provide

If you have extended your property, converted a loft that involved work on a shared wall, or excavated near a neighbour's foundations, there is a good chance the Party Wall etc. Act 1996 applied to that work. When you come to sell, the buyer's solicitor will want to see evidence that you followed the correct process. This guide explains what the Act requires, what documents you should have, and what your options are if the work was done without the proper notices.

Party wall issues are among the most common documentation gaps that arise during conveyancing enquiries. Understanding the rules now, before your buyer's solicitor raises the question, puts you in the strongest position to keep your sale on track.

What is the Party Wall etc. Act 1996?

The Party Wall etc. Act 1996 is an Act of Parliament that applies in England and Wales. It provides a framework for resolving disputes between neighbours when one of them wants to carry out certain types of building work on or near their shared boundary. The Act sets out a notice-and-consent process that must be followed before the work starts.

The Act does not prevent you from carrying out work. Its purpose is to protect the interests of adjoining owners by ensuring they are informed about the proposed work, have the opportunity to consent or raise concerns, and have a mechanism for resolving disputes and claiming for any damage caused. It applies regardless of whether the properties are freehold or leasehold and regardless of whether the parties are on good terms.

There are three categories of work that trigger the Act, each governed by a different section:

What work triggers the Party Wall Act?

Section 1: building on the boundary line

Section 1 of the Act applies when you want to build a new wall or structure on the boundary between your property and your neighbour's property. This includes:

• Building a new wall entirely on the boundary line (which would become a party wall)
• Building a new wall that straddles the boundary, with foundations projecting onto the neighbour's side

You must serve a Section 1 notice on the adjoining owner at least one month before the work is due to start. The notice must describe the proposed work and state the intended start date. If the adjoining owner does not consent within 14 days, a dispute is deemed to have arisen under the Act.

Section 2: work to an existing party wall or party structure

Section 2 covers work directly to an existing party wall or party structure. This is the broadest and most commonly triggered section. Examples of notifiable work include:

• Cutting into a party wall to insert a beam (for example, when removing a chimney breast or adding a steel for a loft conversion)
• Raising or underpinning a party wall
• Demolishing and rebuilding a party wall
• Making the party wall taller, shorter, or thicker
• Cutting away projecting parts of the neighbour's wall or building to allow your work to proceed (for example, removing overhanging brickwork)
• Exposing the party wall by demolishing a building or structure attached to it

You must serve a Section 2 notice (also known as a party structure notice) at least two months before the proposed start date. Again, the adjoining owner has 14 days to consent or dissent.

Section 6: excavation near neighbouring buildings

Section 6 deals with excavation near a neighbour's building. It applies in two situations:

• Within three metres: If you are excavating within three metres of a neighbouring building or structure and your excavation will go deeper than the bottom of the neighbour's foundations
• Within six metres: If you are excavating within six metres of a neighbouring building and the excavation would cut a 45-degree line drawn downwards from the bottom of the neighbour's foundations

This section is frequently triggered by extensions with deep foundations, basement conversions, and underpinning work. You must serve a Section 6 notice at least one month before work is due to start, including plans showing the depth and location of the excavation relative to the neighbouring property's foundations.

What does not trigger the Act

Not all work near a boundary or shared wall requires a party wall notice. The following are generally excluded:

• Plastering, painting, or wallpapering a party wall on your own side
• Drilling into a party wall for shelves, picture hooks, or small fixings that do not affect the wall's structural integrity
• Replacing kitchen or bathroom fittings that are attached to a party wall, provided no structural work is involved
• Building a garden wall or fence that does not sit on or straddle the boundary (that is, it is built entirely within your own land)
• Routine maintenance and repair of your own side of a party wall that does not change its structure

If you are unsure whether your work triggers the Act, a party wall surveyor can advise. Getting this right matters, because the buyer's solicitor will assess whether the Act applied based on the type of work described on the TA6 form and in any planning or building regulations documents.

The party wall notice and consent process

Before carrying out notifiable work, the building owner must serve a written notice on every adjoining owner affected by the proposed work. The notice must include a description of the intended work, the proposed start date, and (for Section 6 notices) accompanying plans. The Act prescribes minimum notice periods:

• Section 1 (new wall on boundary): One month
• Section 2 (work to existing party wall): Two months
• Section 6 (excavation): One month

Once the notice is served, the adjoining owner has 14 days to respond. There are three possible outcomes:

1. The adjoining owner consents in writing. The work can proceed as described in the notice. No surveyors are needed and no award is produced. The written consent is the document you will need to show the buyer's solicitor when you sell.
2. The adjoining owner dissents. A dispute is deemed to have arisen, and the matter must be resolved by appointing surveyors (see below).
3. The adjoining owner does not respond within 14 days. A dispute is automatically deemed to have arisen, and the surveyor appointment process begins.

Section 10 disputes and the party wall surveyor

When a dispute arises (either through dissent or non-response), Section 10 of the Act sets out the procedure for resolving it. The parties have two options:

• Agreed surveyor. Both parties can agree to appoint a single surveyor to act impartially. This is the cheaper and faster option. The agreed surveyor prepares the party wall award, which both parties must comply with.
• Two surveyors. Each party appoints their own surveyor. The two surveyors then select a third surveyor to act as a referee in case they cannot agree. The surveyors work together to produce the party wall award. The building owner (the person doing the work) typically pays the fees of both surveyors.

If one party refuses to appoint a surveyor within 10 days of being asked, the other party can appoint a surveyor on their behalf. This ensures the process cannot be blocked by an uncooperative neighbour.

What the party wall surveyor does

The party wall surveyor's role is defined by the Act. They are not acting for either party in the way a solicitor would; they are acting under a statutory duty to resolve the dispute fairly. Their work typically involves:

• Inspecting the party wall and the adjoining property
• Preparing a schedule of condition — a detailed photographic and written record of the adjoining property before work begins, against which any alleged damage can later be measured
• Determining the work that is permitted and any conditions (for example, working hours, access arrangements, and protective measures)
• Producing the party wall award, which is a legally binding document setting out the rights and responsibilities of both parties

The award, once served, is binding on both the building owner and the adjoining owner — and on their successors in title. This means the buyer who purchases your property inherits both the rights and the obligations set out in the award.

Costs of the party wall process

The building owner (the person carrying out the work) is responsible for the reasonable costs of the party wall process. This includes the surveyor fees for both sides if two surveyors are appointed. Typical costs are:

These costs are incurred at the time of the work, not at the time of sale. However, if the party wall process was never followed and you need to resolve the gap when selling, there may be costs associated with retrospective agreements, indemnity insurance, or surveyor involvement to assess whether damage occurred.

What the buyer's solicitor will ask for

Party wall matters are raised during the conveyancing process in two main ways:

The TA6 Property Information Form

The TA6 form, which every seller in England and Wales must complete, asks about alterations and building work carried out during your ownership. If you disclose that work was carried out — such as an extension or loft conversion — the buyer's solicitor will consider whether the Party Wall etc. Act 1996 applied to that work. They will then raise pre-contract enquiries asking for the relevant party wall documentation.

Pre-contract enquiries

The buyer's solicitor will typically ask:

• Whether the work triggered the Party Wall etc. Act 1996
• Whether party wall notices were served on all adjoining owners
• Whether the adjoining owners consented in writing or whether a party wall award was made
• For copies of the written consent, party wall award, and schedule of condition
• Whether any damage was caused to the adjoining property and, if so, whether it was made good
• Whether there is any ongoing or unresolved dispute with the adjoining owner

These questions often overlap with enquiries about selling a house with an extension and building regulations compliance. If you had an extension built, expect the buyer's solicitor to ask about planning permission, building regulations, and party wall matters together. Having all three sets of documents ready is the most effective way to avoid delays. For a full list of what paperwork you should gather, see our guide on documents needed to sell a house.

What to do if work was done without serving notice

This is one of the most common party wall issues that arises during property sales. Many homeowners carry out notifiable work — particularly extensions and loft conversions — without realising the Party Wall etc. Act 1996 applied, or without following the formal notice process. If this happened during your ownership, you have several options when selling:

Option 1: obtain a letter from the adjoining owner

If you are on good terms with your neighbour, the simplest approach is to ask them for a written letter confirming:

• They were aware of the work at the time it was carried out
• They have no objection to the work
• No damage was caused to their property (or any damage was made good to their satisfaction)
• They have no outstanding claim or dispute relating to the work

This is not a formal party wall award, but many buyer solicitors will accept it as sufficient evidence, particularly if the work was completed some time ago and there is no visible damage. However, it is not binding in the way a statutory award is, so some solicitors or lenders may not accept it alone.

Option 2: party wall indemnity insurance

This is the most common solution in conveyancing. An indemnity insurance policy covers the buyer and their mortgage lender against the financial risk of the adjoining owner making a claim under the Act at a later date. Policies are widely available and typically cost between £50 and £300 as a one-off premium.

Key points about party wall indemnity insurance:

• The policy must be arranged before any contact is made with the adjoining owner about the party wall issue. Approaching the neighbour first can invalidate the insurance.
• Most insurers require that the work was completed more than 12 months ago
• There must be no evidence of damage to the adjoining property and no known dispute
• The policy is usually arranged by the seller's solicitor and paid for by the seller
• Most mortgage lenders accept party wall indemnity insurance as a satisfactory alternative to a party wall award

Option 3: retrospective party wall agreement

In some cases, it may be appropriate to go through the party wall process retrospectively. A party wall surveyor can inspect the work, prepare a schedule of condition, and produce a retrospective award. This is more expensive than indemnity insurance and takes longer, but it provides the strongest evidence of compliance. It may be the only viable option if:

• There is visible damage to the adjoining property that may have been caused by the work
• The adjoining owner has raised a complaint or indicated they may pursue a claim
• The buyer's solicitor or lender will not accept indemnity insurance due to the specific circumstances

How missing party wall agreements affect sales

A missing party wall agreement does not necessarily mean your sale will collapse, but it will generate additional work and can cause delays. Here is how the issue typically plays out in practice:

1. The buyer's solicitor identifies the gap. They review the TA6 form, title documents, and any planning or building regulations paperwork. If the documents indicate that notifiable work was carried out and there is no party wall award or consent on file, they raise enquiries.
2. Your solicitor proposes a solution. This is usually indemnity insurance, supported where possible by a letter from the adjoining owner. Your solicitor will assess which approach is appropriate based on the circumstances.
3. The buyer's lender reviews the position. If the buyer has a mortgage, the lender will need to be satisfied. Most lenders will accept indemnity insurance for party wall matters, particularly if the work was completed more than 12 months ago and there is no evidence of damage.
4. The sale proceeds (or is renegotiated). In most cases, the issue is resolved with indemnity insurance and the sale proceeds without further difficulty. In a minority of cases — where there is actual damage, an active dispute, or the buyer's lender takes a strict view — there may be a price renegotiation to reflect the cost or risk, or the buyer may request that the issue is resolved before exchange.

The key message for sellers is that the earlier you identify and address the issue, the less impact it will have on your sale timeline. Gathering your party wall documents (or arranging indemnity insurance) before you go on the market is the approach most likely to keep things moving. This is exactly the kind of preparation that Pine helps sellers with — getting your sale-ready documents in order before a buyer is found.

Party wall agreements and the schedule of condition

One of the most important components of a party wall award is the schedule of condition. This is a detailed record — usually including photographs, measurements, and written descriptions — of the condition of the adjoining property before the notifiable work begins. Its purpose is to provide a baseline against which any alleged damage can be measured after the work is complete.

The schedule of condition is valuable to buyers for several reasons:

• It provides evidence that any pre-existing cracks, defects, or damage in the adjoining property were documented before the work started
• It protects the building owner (and their successors in title) against false claims that the work caused damage that was already present
• It demonstrates that the party wall process was followed properly, which reassures both the buyer and their lender

If you have a party wall award, make sure the schedule of condition is included when you provide the documents to your solicitor. A party wall award without its schedule of condition is incomplete and may prompt additional enquiries from the buyer's side.

What to disclose on the TA6 form

The TA6 Property Information Form asks about alterations, building work, disputes, and complaints. Party wall matters are relevant to several sections:

• Alterations section: You must disclose any structural work carried out during your ownership, including extensions, loft conversions, and internal structural alterations. This is where the buyer's solicitor will look to determine whether the Party Wall Act applied.
• Disputes and complaints section: If there has been any dispute with a neighbour relating to a party wall or building work — even one that has been resolved — you must disclose it. Failing to disclose a dispute that later comes to light could amount to misrepresentation.
• Rights and informal arrangements section: If any access arrangements were agreed with a neighbour to facilitate the building work, these should be mentioned.

Be honest and thorough in your answers. If you did not follow the formal party wall process, say so and explain what happened. Your solicitor can then prepare the appropriate solution (indemnity insurance or otherwise) before the buyer's solicitor raises it as a concern.

Common scenarios and what to provide

To help you identify what applies to your situation, here are the most common party-wall-related scenarios sellers encounter:

Party wall issues and extensions: what overlaps

If you are selling a house with an extension, the party wall question is almost always relevant. Most extensions involve at least one of the following:

• Building on or near the boundary (triggering Section 1 or Section 6)
• Excavating for foundations within three or six metres of the neighbour's building (triggering Section 6)
• Attaching to or cutting into an existing party wall (triggering Section 2)

The buyer's solicitor will assess planning permission, building regulations sign-off, and party wall compliance as a package. If any one of the three is missing, it will be flagged during enquiries. The most efficient approach is to prepare all three sets of documents (or arrange the appropriate indemnity insurance for each) together, rather than dealing with them one at a time as the buyer's solicitor raises them.

Practical tips for sellers

1. Check whether the Act applied to your work. Review the building plans, the planning application (if there was one), and the location of the work relative to the boundary and the neighbour's property. If in doubt, ask a party wall surveyor for a brief assessment.
2. Locate your party wall documents. If the formal process was followed, you should have either a written consent letter from the adjoining owner or a party wall award with a schedule of condition. Search your files and ask your original solicitor or surveyor if you cannot find them.
3. Do not contact the neighbour before speaking to your solicitor. If you do not have a party wall award and plan to rely on indemnity insurance, approaching the adjoining owner about the issue can invalidate the policy. Your solicitor should advise on the correct sequence.
4. Disclose fully on the TA6 form. If you carried out notifiable work without following the party wall process, disclose this honestly on the TA6 form. Your solicitor will prepare a solution, but concealing the issue creates the risk of a misrepresentation claim after completion.
5. Prepare early. The earlier you address party wall documentation gaps, the less impact they will have on your sale timeline. Arranging indemnity insurance takes days, not weeks — but only if you start the process before the buyer's solicitor asks.

Sources

• Party Wall etc. Act 1996 — legislation.gov.uk
• RICS guidance note: Party Wall Legislation and Procedure, 7th edition — rics.org
• GOV.UK — Preventing and resolving disputes in relation to party walls (explanatory booklet)
• The Pyramus and Thisbe Club (party wall surveyors' professional body) — partywalls.org.uk
• Law Society — Property Information Form (TA6), 4th edition, 2020
• Building Regulations 2010 — legislation.gov.uk

Related guides

• Party Wall Award When Selling Your Property

Frequently asked questions