What Is a Party Wall Agreement and Do I Need One?
A party wall agreement is a legal document that sets out the terms and conditions under which building work can be carried out on a party wall or adjoining structure. A party wall is a wall that separates two properties, and an adjoining structure is any other structure that is near to or shares a boundary with a party wall.
The Party Wall etc Act 1996 (the Act) sets out the rules for party wall agreements in England and Wales. The Act applies to all types of building work, including:
Loft conversions
Extensions
Damp proofing
Foundation work
Excavations
If you are planning to carry out any of the above types of building work, you will need to serve a party wall notice on your neighbour(s). The notice must be served at least two months before you start work.
Your neighbour(s) has 14 days to respond to your notice. If they do not respond, you can proceed with the work, but you must still follow the procedures set out in the Act.
If your neighbour(s) does respond to your notice, you will need to agree a party wall agreement with them. The agreement must be in writing and must set out the following:
The type of work that you are planning to carry out
The method of construction that you will use
The dates on which the work will be carried out
The amount of compensation that you will pay to your neighbour(s) for any damage caused by the work
If you and your neighbour(s) cannot agree a party wall agreement, you can appoint a party wall surveyor. The surveyor will act as an independent mediator and will help you to reach an agreement.
If you still cannot agree a party wall agreement, you can apply to the county court for a party wall award. The court will make an order setting out the terms and conditions under which the work can be carried out.
It is important to note that a party wall agreement is not a substitute for planning permission or building regulations approval. You will still need to obtain the necessary permissions before you start work.
Here are some of the benefits of having a party wall agreement:
It can help to avoid disputes between neighbours
It can ensure that the work is carried out safely and in a professional manner
It can protect your neighbour(s) from any damage caused by the work
It can give you peace of mind knowing that you are following the correct procedures
Get in touch with us if you need more information about party wall agreements or anything else.
