Introduction
What is a Party Wall Agreement?
If you are planning to carry out building work that affects a party wall, boundary wall, or excavation near your neighbour’s property, you will need to obtain a Party Wall Agreement. but what is a Party Wall Agreement? A party wall agreement is a legal document that sets out the rights and obligations of the parties involved in the building work. It is essential to have a Party Wall Agreement to avoid disputes with your neighbours.
As a Party Wall Surveyor, I have extensive experience in advising homeowners and businesses on Party Wall Agreements. In this blog post, I will provide you with an overview of what a Party Wall Agreement is and how to obtain one.
What is a Party Wall Agreement?
A party wall is a wall that stands on the boundary between two properties. It is shared ownership of the wall by the two parties. Examples of party walls include:
- A wall that separates two houses
- A wall that divides a house from a garage or other outbuilding
- A wall that forms part of a terrace
Who Needs a Party Wall Agreement?
You will need to obtain a Party Wall Agreement if you intend to carry out any of the following work on or near a party wall:
- Altering the thickness, height, or alignment of a party wall
- Adding a new wall to a party wall
- Edging a party wall
- Underpinning a party wall
- Carrying out any other work that could affect the stability or appearance of a party wall
Steps to Obtain a Party Wall Agreement
The following are the steps involved in obtaining a Party Wall Agreement:
Serve a Party Wall Notice
You must serve a Party Wall Notice on your neighbour at least two months before you start the work. The Party Wall Notice must set out details of the proposed work and the extent of the works that will affect your neighbour’s property.
Appoint a Party Wall Surveyor
You and your neighbour must appoint a Party Wall Surveyor who will act as an independent arbiter to resolve any disputes that may arise.
Carry out the Required Consultations
The Party Wall Surveyors will then hold a series of consultations with both parties to discuss the proposed work and to agree on the necessary procedures.
Obtain Consent to the Agreement
Once the consultations have been completed, the Party Wall Surveyors will draft a Party Wall Agreement. Both parties must then agree to the terms of the agreement before it can be signed.
Obtain Completion Certificates
Once the work has been completed, the Party Wall Surveyors will issue Completion Certificates to both parties. These certificates will confirm that the work has been carried out in accordance with the Party Wall Agreement.
The Party Wall Surveyor
A Party Wall Surveyor is a qualified professional who has expertise in the law relating to party walls. They will be able to advise you on your rights and obligations under the Party Wall Act and will help you to obtain a Party Wall Agreement.
What Happens if There is a Dispute?
If there is a dispute between you and your neighbour regarding the Party Wall Agreement, the Party Wall Surveyors will mediate the dispute and attempt to reach an agreement. If the dispute cannot be resolved through mediation, the matter may be referred to the Upper Tribunal.
Conclusion
A Party Wall Agreement is an important legal document that protects the rights of both parties involved in building work that affects a party wall. By following the correct procedures, you can ensure that your project runs smoothly and that you avoid disputes with your neighbours. We hope this post explains What is a Party Wall Agreement and if you need any advice please contact us at 01707 240564 or Email we would be happy to help you.