Party Wall etc. Act 1996 specialists · London & the Midlands Free advice · info@coburnspartywall.co.uk · 0207 11 88 3 55
Knowledge base · Notices & consent

Do I need a party wall agreement if I already have planning permission?

Yes — planning permission and the Party Wall Act are entirely separate. Having planning consent, or using permitted development, does not remove your duty to serve a party wall notice for notifiable work.

The short answer

Yes, you may still need one. Planning permission and the Party Wall etc. Act 1996 are completely separate regimes. Planning controls whether you can build in principle; the Act controls how you carry out work that affects a shared wall, the boundary, or your neighbour’s foundations. Having planning permission — or relying on permitted development — does not remove your duty to serve a party wall notice where the work is notifiable.

Why it matters

The two do completely different jobs. Planning permission is about land use, size, appearance and impact on the area, and it is decided by the council. The Party Wall Act is about protecting the neighbouring building during construction, and it is handled between owners and surveyors — the council has nothing to do with it. So you can hold full planning permission and still be acting unlawfully if you start notifiable work without a notice.

The reverse is also true: plenty of work needs a party wall notice but no planning permission at all — internal works to a party wall, or excavation carried out under permitted development. And building regulations are a third, separate requirement. The safe approach is to check all three.

What to do now

  • You can both appoint one agreed surveyor instead of one each — the impartial, lower-cost route Coburns recommends.
  • Do not assume planning consent is enough on its own.
  • Check whether the work is notifiable — party wall, boundary, or excavation.
  • Serve the right notice before you start.
  • Remember building regulations as well.

Common mistakes

  • Assuming planning permission covers the party wall position.
  • Assuming permitted development means the Act does not apply.
  • Thinking the council deals with party wall matters — it does not.
  • Starting work on the strength of planning consent alone.

When to call Coburns

Send us your approved plans and we will tell you, free of charge, whether you also need to serve party wall notices — and serve them for you.

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.