Party Wall Agreement Legal Requirement
A party wall agreement is an important legal requirement that must be fulfilled before any construction work can be carried out on a shared boundary between two properties. It is a legal agreement between two or more property owners that outlines their rights and responsibilities when it comes to building work that affects a shared wall, ceiling or floor.
The party wall agreement protects the rights of both the property owner and their neighbor. It ensures that any potential damage or dispute is quickly resolved, and all parties are satisfied with the outcome. Without this agreement in place, disputes can occur, which can lead to costly legal proceedings, delayed construction work, and even damage to the properties involved.
The party wall agreement is required in accordance with the Party Wall etc. Act 1996. This legislation outlines the procedures that need to be followed to ensure that the party wall agreement is legally binding and agreed upon by all parties.
When is a Party Wall Agreement Required?
The party wall agreement is required when any building work, such as an extension or loft conversion, is carried out on a shared boundary between two properties. This can include shared walls, ceilings or floors. The agreement is also required if excavation work is carried out on one property that affects the foundation of a shared boundary.
The party wall agreement is not required if the work carried out is entirely on one property and doesn`t affect a shared boundary.
What is Included in a Party Wall Agreement?
A party wall agreement usually includes the following:
• The scope of the work to be carried out
• The proposed schedule for the work
• The responsibilities of each party involved
• Any additional measures required to protect the neighboring property, such as scaffolding or protective measures
• The costs involved in the work and how they will be shared between the parties
• A dispute resolution process in case of any issues arising from the work
How is a Party Wall Agreement Agreed Upon?
The party wall agreement must be agreed upon by all parties involved. This includes the property owner carrying out the work, and the neighboring property owner. If there is more than one neighboring property involved, all parties must agree to the party wall agreement.
The process involves serving the neighboring property owner with formal notice of the proposed work. The neighboring property owner then has 14 days to respond. If they do not respond within this time frame, they are deemed to have dissented, and a dispute resolution process may need to be carried out.
If the neighboring property owner agrees to the proposed work, the party wall agreement can be signed, and work can begin. If there are any disputes, a surveyor can be appointed to resolve the issue.
A party wall agreement is a legal requirement that must be fulfilled when carrying out any building work on a shared boundary between two properties. It is important to ensure that all parties involved agree to the agreement to prevent any disputes or damage to the properties involved. Failure to comply with the legislation can result in costly legal proceedings, delays in construction work, and damage to the neighboring properties. By following the process outlined in the Party Wall etc. Act 1996, property owners can ensure that they fulfill their legal obligations and protect their interests.