Short Answer: No. A verbal agreement with your neighbour is not legally valid under the Party Wall etc. Act 1996. While friendly discussions are helpful, the law requires written notices and, where necessary, a Party Wall Award. Relying on verbal consent alone can expose you to disputes, legal action, and costly project delays.
Why Verbal Agreements Don’t Count Under the Party Wall Act
The Party Wall Act is not just a neighbourly courtesy—it is a statutory legal framework. That means Parliament decided that certain processes must be followed, regardless of whether you and your neighbour have an informal understanding. Here’s why verbal consent is not enough:
- No legal recognition: The Act requires written notices to be served in a prescribed format. A conversation across the fence does not meet this test.
- No evidence: If a dispute arises later, there is no paper trail or enforceable record of what was agreed verbally.
- No protection: Without written consent or an award, your neighbour could legally stop the works—even if they initially “said yes.”
It is common for homeowners to think, “My neighbour’s happy, we’ve agreed over a cup of tea, so I don’t need the paperwork.” Unfortunately, in law that is not valid, and you could be ordered to halt works and redo the process correctly.
What the Party Wall Act Actually Requires
The Party Wall Act applies to three main categories of building work:
- Works directly to a party wall – such as inserting beams for a loft conversion, cutting into the wall for damp proofing, or raising its height.
- New structures on the line of junction – for example, building an extension right up to (or astride) a boundary.
- Excavations near a neighbouring building – such as basement conversions or foundations within 3–6 metres of your neighbour’s property.
For these works, the building owner must serve a written notice at least 1–2 months before starting. The neighbour then has three options:
- Consent in writing – allowing works to proceed.
- Dissent – triggering the appointment of surveyors and an Award.
- No response – after 14 days, dissent is assumed by default, and surveyors must be appointed.
Notice how there is no option for “We just had a chat and shook hands.” The Act requires a written, trackable process.
Case Example: Why Verbal Consent Fails
Consider a homeowner in Staffordshire planning a single-storey extension. He asked his neighbour in passing, who verbally said, “No problem.” The works began. Two weeks later, the neighbour noticed cracks and claimed he had never given consent. With no written notice served, the neighbour obtained an injunction. The project was delayed by months, legal costs spiralled, and surveyors still had to be appointed to regularise the process.
This scenario is common. Even where neighbours are friendly, circumstances change: properties are sold, relations sour, or damage occurs. Without written evidence, the building owner is left exposed.
Risks of Relying on Verbal Agreements
Here are the main risks if you rely only on verbal agreements under the Party Wall Act:
- Legal injunctions: Neighbours can stop your works through the courts if notices weren’t served.
- Project delays: Court orders and surveyor appointments can add weeks or months.
- Extra costs: Legal fees, surveyor costs (often borne by the building owner), and remedial works can be significant.
- Damaged relationships: A friendly chat can quickly turn into a bitter dispute if something goes wrong.
- Property sale issues: Future buyers may ask for evidence that works were compliant. If you only had a verbal agreement, you cannot prove compliance.
In short: verbal consent is worthless in law, and the risks far outweigh the convenience of skipping paperwork.
Best Practice: How to Protect Your Project
To stay compliant and protect yourself:
- Serve a valid notice – use correct templates and include drawings where required. See our step-by-step guide.
- Keep written consent – if your neighbour consents, ensure it is in writing and properly acknowledged.
- Record the condition of the property – a surveyor can produce a schedule of condition to prevent later arguments about damage.
- Use professional surveyors – if in doubt, appoint a qualified Party Wall Surveyor early.
Our expert team can advise on the best route for your project. Call us on 01543 52 37 37 for free initial advice.
Frequently Asked Questions
Can my neighbour refuse even if we agreed verbally?
Yes. A neighbour can legally dissent to your notice, even if they initially agreed verbally. Once dissent is declared, surveyors must be appointed.
What if my neighbour writes a note instead of signing the official form?
A written note may be evidence of intention but does not replace the official process. The safest option is always a properly served notice and signed consent.
Is a handshake agreement better than nothing?
Unfortunately not. It carries no weight under the Act. You should always formalise agreements in writing.
Related Resources
- Party Wall Awards Explained in Plain English
- Can My Neighbour Refuse a Party Wall Agreement?
- What Happens If I Ignore a Party Wall Notice?
- Top 5 Mistakes Homeowners Make with Party Wall Notices
- The Ultimate Party Wall Act Resource (Pillar Page)
Conclusion
While maintaining good neighbourly relations is invaluable, relying on a verbal agreement is legally risky and potentially very costly. The Party Wall etc. Act 1996 sets out a clear process: written notices, documented consents, and, where necessary, a formal Party Wall Award. Skipping these steps because “my neighbour’s fine with it” is not a defence in law.
Takeaway: Protect your project, your budget, and your neighbourly relations by following the process properly. Start with valid notices and professional advice.
Need expert help? Call our surveyors on 01543 52 37 37 for free initial advice today.
Related reading
- Pillar: Party Wall Act 1996 – Ultimate Guide
- Neighbour Relations: Best Practices When Planning Building Works
- Real Case Study: Resolving a Party Wall Dispute in the West Midlands
