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Knowledge base · Notices & consent

Do I need a party wall agreement for my extension?

Many extensions are notifiable under the Party Wall etc. Act 1996 — but not all. Whether you need an agreement depends on the type of work and how close it is to your neighbour, not on whether you have planning permission.

The short answer

Often, yes — but it depends on the work, not on the word “extension”. You need a party wall agreement (properly, an award) only where your extension involves notifiable work under the Party Wall etc. Act 1996: cutting into or building off a shared (party) wall, building a new wall on the boundary, or excavating close to your neighbour’s building. Planning permission and permitted development make no difference, and even a detached house can be caught by the excavation rules.

Why it matters

There are three triggers to check:

  • Work to the party wall itself (section 2) — inserting a beam, raising, thickening or rebuilding the wall, or removing a chimney breast on the party wall. This needs a party structure notice, served two months before work starts.
  • Building on the boundary (section 1) — a new wall up to or astride the line of junction needs a line of junction notice, served one month before.
  • Excavation near your neighbour (section 6) — digging within three metres of their building and deeper than their foundations, or within six metres where a line drawn down at 45° from the base of their foundations would be cut. This needs a notice served one month before.

Most extensions touch at least one of these. A rear extension usually triggers the excavation rules and sometimes the party wall rules; a side return often runs new foundations right alongside the boundary; a two-storey extension frequently involves raising the party wall; and a basement almost always engages the Act. If any trigger applies, you must serve the right notice before you start — getting it wrong can leave you without the Act’s protection and exposed to an injunction.

What to do now

  • If a surveyor is needed, use one. Both owners can appoint a single impartial ‘agreed surveyor’ rather than one each — quicker, cheaper and less adversarial. Coburns recommends a single agreed surveyor wherever possible.
  • List exactly what the works involve and check them against the three triggers above.
  • Identify every adjoining owner, including freeholders and any flats above or below — not just the person next door.
  • Serve the correct notice (or notices) with the full notice period before your planned start date.
  • If you are not sure whether the Act applies, send your drawings to a surveyor before you commit to a start date.

Common mistakes

  • Assuming planning permission or permitted development removes the duty — the Act is entirely separate.
  • Assuming a detached house is exempt — the excavation rules can still apply.
  • Describing the work too loosely, so the notice is defective.
  • Starting work before the notice period has expired or the dispute is resolved.
  • Forgetting to serve a relevant owner, such as the flat below or a separate freeholder.

When to call Coburns

Send us your plans and we will tell you, free of charge, whether the Act applies and exactly which notices you need — then prepare and serve them for you. Getting this right at the start is the cheapest way to keep your project on track.

Disclaimer. This article is for general information only and is not legal or professional advice. It is not tailored to any specific property, project or dispute, and the law and its application can change. Always seek advice from a suitably qualified professional before taking action. Coburns Party Wall accepts no liability for action taken in reliance on this article.

Send us your plans, notice or letter

Planning work, or received a party wall notice? Send your drawings, the notice, or any letter from a surveyor and we’ll tell you exactly where you stand — clear, transparent fees and no obligation.