If you are planning on renovating or building a property in the UK, it is important to understand the role of a party wall agreement. The Party Wall etc. Act 1996 outlines the legal obligations for property owners who share a wall or boundary with their neighbours.
What is a party wall agreement?
A party wall agreement is a legal document that outlines the rights and responsibilities of property owners who share a common wall or boundary. The agreement establishes the terms and conditions that must be followed during construction or renovation work to avoid causing damage to the shared structure.
When is a party wall agreement required?
A party wall agreement is required when a property owner intends to carry out construction work that could have an impact on the shared wall or boundary. This includes:
– Building a new wall on the boundary
– Removing or altering an existing wall
– Excavating within a certain distance of the boundary
– Carrying out repairs to the shared wall
It is important to note that even minor alterations to the wall, such as drilling holes for shelving or hanging pictures, may require a party wall agreement.
How does the party wall agreement process work?
The party wall agreement process begins with the property owner who intends to carry out the construction work serving a notice to their neighbour. The notice should include details about the proposed work and the expected start date. The neighbour then has the option to either consent or dissent to the notice.
If the neighbour consents to the notice, the parties can agree on the terms and conditions of the party wall agreement. However, if the neighbour dissents, a party wall surveyor may need to be appointed to resolve any disputes and establish the terms of the party wall agreement.
What does a party wall agreement include?
A party wall agreement typically includes the following details:
– Details about the proposed work
– The expected start date and duration of the work
– The rights and responsibilities of each party
– Details about how the work will be carried out
– The requirement for insurance and indemnity
– A schedule of condition of the shared wall before the work begins
Conclusion
A party wall agreement is a crucial legal document that outlines the rights and responsibilities of property owners who share a common wall or boundary. It is important to understand the process of obtaining a party wall agreement in order to avoid causing damage to the shared structure and to prevent disputes with neighbours. If you are planning on carrying out construction work on your property, it is recommended that you seek legal advice to ensure that you are complying with the party wall requirements outlined in the Party Wall etc. Act 1996.