Can A Party Wall Agreement be verbal?

If you’re planning works that affect a shared wall or structure with your neighbour — like an extension, loft conversion, or basement — you might be wondering if a quick chat and a verbal "yes" is enough to get started.

It’s a fair question, especially if you're on good terms with your neighbour.

But here’s the honest answer:

A party wall agreement cannot be verbal if you want any legal protection.

Verbal Agreements: Friendly, But Legally Useless

Let’s get one thing clear — while having a positive relationship with your neighbour is always a good thing, the Party Wall etc. Act 1996 doesn’t recognise informal, spoken agreements. Everything, from the initial notice to any resolution of disputes, must be in writing to be valid.

Even if both sides are in agreement, without a written process in place, you’re leaving yourself wide open to legal and financial risks.

Why Verbal Agreements Don’t Count

Here’s why you should avoid relying on a handshake agreement when it comes to party wall matters:

1. The Law Requires It in Writing

The Party Wall Act sets out a specific legal process. The building owner must serve written notice to the adjoining owner, and the adjoining owner must respond in writing. If there’s disagreement, a formal written document called a Party Wall Award must be prepared — usually by a surveyor.

Verbal agreements are not part of this legal framework. If something goes wrong, there’s nothing enforceable to fall back on.

2. Neighbours Can Change Their Mind

Even if your neighbour gives you a verbal thumbs-up today, they can still object later. And if they do, everything goes back to square one — except now your building plans are delayed, and any contractor deposits you’ve paid may be at risk.

3. There’s No Protection if a Dispute Arises

Let’s say you go ahead with the works based on a verbal agreement. If your neighbour later claims damage to their property, you’ll have no formal Schedule of Condition, no award, and no legal basis to defend yourself.

4. It Can Create Issues When You Sell

When selling your property, your solicitor may be asked for proof that the Party Wall Act was followed properly. If all you have is a memory of a friendly chat, the buyer’s legal team may raise red flags — potentially stalling or even jeopardising the sale.

What Should You Do Instead?

The process under the Act might seem formal, but it’s actually quite straightforward:

Serve a Written Party Wall Notice — either yourself or through a surveyor.

Wait for a Written Response — consent, or dissent.

Appoint a Surveyor (if necessary) — if there’s a dispute, a Party Wall Award will be created.

Record a Schedule of Condition — a simple photographic record of your neighbour’s property before works begin.

This gives both sides clarity, and gives you full protection in case something goes wrong.

“But We’re Good Friends — Do I Still Need to Do This?”

Yes. And in truth, it’s the respectful and sensible thing to do. Most disputes under the Act happen after works have started — not before. Even the most neighbourly relationships can be tested by noise, disruption, or unexpected damage.

A formal agreement helps avoid misunderstandings and keeps things transparent.

Conclusion

While a verbal agreement might seem like the easy option, it offers no legal standing under the Party Wall etc. Act 1996. If you’re carrying out notifiable works near or on a shared structure, the only way to stay compliant — and protected — is to follow the written process.