A party wall agreement is a document that is signed by two neighbors that stipulates how they will share a common boundary wall. This document is crucial in ensuring that both neighbors are aware of their responsibilities when it comes to the shared wall. In the UK, the party wall agreement is regulated by the Party Wall Act of 1996.
Before we delve further into the party wall agreement, it’s important to understand what a party wall is. A party wall is a wall that separates two adjoining properties and is located partially or entirely on the boundary line between the two properties. Party walls can also include garden walls or fences that separate two properties.
The need for a party wall agreement arises when one neighbor wants to carry out work that may affect the party wall. This could be anything from building an extension that touches the wall, digging foundations close to the wall, or even installing pipes or cables that run through the wall. In such cases, the neighbor who wants to carry out the work must serve a party wall notice to their neighbor, informing them of the proposed work and seeking their consent.
The neighbor who receives the party wall notice has three options. They can either give their consent, dissent, or ignore the notice. If they give their consent, then the work can go ahead. If they dissent, then a party wall surveyor must be appointed to resolve the dispute. If they do nothing, then they are deemed to have dissented, and a party wall surveyor must still be appointed.
The party wall surveyor is an independent third party who is appointed to mediate any disputes that may arise between the two neighbors. The surveyor will assess the proposed work and ensure that it meets the requirements of the Party Wall Act. They will also draw up a party wall agreement that outlines the rights and responsibilities of each neighbor with regards to the shared wall.
The party wall agreement will typically include details such as the nature of the proposed work, the timeline for the work, the cost of the work, and how the cost will be shared between the two neighbors. It will also outline the measures that will be taken to ensure that the work does not cause damage to the party wall or the adjoining property.
In conclusion, a party wall agreement is a crucial document that ensures that both neighbors are aware of their responsibilities when it comes to a shared wall. It is regulated by the Party Wall Act of 1996, which provides guidelines on how to serve party wall notices, appoint party wall surveyors, and resolve disputes. If you are planning to carry out work that may affect a party wall, it’s important to seek professional advice to ensure that you comply with the Party Wall Act and avoid any unnecessary legal disputes with your neighbor.