Party wall agreements are an essential aspect of property development and construction. They help safeguard the interests of both parties when carrying out work near or on a shared boundary. In this article, we delve into party wall agreements, what they are, when they are needed, and what happens if your neighbour doesn’t assent.
What is a Party Wall Agreement?
A party wall agreement, also known as a party wall award, is a legally binding document that outlines the rights and responsibilities of neighbouring property owners when work is to be carried out on or near a shared wall or boundary. The agreement is governed by the Party Wall Act 1996 in England and Wales, which aims to protect the interests of both parties and prevent disputes arising from construction work.
When is a Party Wall Agreement Needed?
A party wall agreement is required when any of the following circumstances apply:
- Building work that involves the construction or demolition of a shared wall or boundary.
- Excavation within 3 or 6 meters of a neighbouring property, depending on the depth of the excavation.
- Making alterations or repairs to an existing party wall, such as cutting into the wall or removing a chimney breast.
If you are planning any of these types of work, it’s crucial to discuss your plans with your neighbour and seek their consent before proceeding. The agreement should outline the proposed work, how it will be carried out, any necessary protection measures, and how potential disputes will be resolved.
What Happens if Your Neighbour Doesn’t Assent?
If your neighbour doesn’t agree to the proposed work or fails to respond within 14 days of receiving notice, you will need to follow a statutory procedure to resolve the dispute. This involves appointing a party wall surveyor to prepare a party wall award, which outlines the rights and obligations of both parties.
Here are the steps to follow in such a situation:
Serve a Party Wall Notice: As the person planning the work (known as the ‘Building Owner’), you must serve a written notice to your neighbour (the ‘Adjoining Owner’) at least two months before the planned start date for the work involving the shared wall or one month for excavation work. The notice should include details about the proposed work, start date, and the relevant sections of the Party Wall etc. Act 1996.
Await a Response: The Adjoining Owner has 14 days to respond to the notice. If they consent in writing, you can proceed with the work. If they dissent or do not respond, you will need to appoint a party wall surveyor.
Appoint a Party Wall Surveyor: Both parties can either agree on a single surveyor or appoint their own individual surveyors. The surveyors will then prepare a party wall award, outlining the rights and responsibilities of both parties.
Agree on the Party Wall Award: The party wall surveyor(s) will prepare a report, including a schedule of condition of the neighbouring property, and serve the party wall award on both parties. The award will cover the work to be carried out, any necessary protection measures, and how potential disputes will be resolved.
Proceed with the Work: Once the party wall award is agreed upon and served, you can proceed with the work as per the agreement. However, you must ensure that the work is carried out in accordance with the award and completed within the specified time frame.
Resolve Disputes: If any disputes arise during the course of the work, the surveyor(s) can be called upon to resolve the matter. In case the dispute cannot be resolved, either party can appeal to the county court within 14 days of the award being served.
Party wall agreements play a vital role in protecting the interests of both property owners when carrying out construction work on or near shared walls or boundaries. By understanding the process and requirements of these agreements, you can ensure a smooth construction process and maintain a good relationship with your neighbour.
It is essential to communicate with your neighbour early on and keep them informed about your plans. If your neighbour does not assent, following the statutory procedure and working with a party wall surveyor can help resolve any disputes and ensure that the work proceeds according to the law.
In conclusion, party wall agreements are an essential aspect of property development in the UK. They help maintain harmony between neighbours and ensure that construction work is carried out responsibly and safely. By understanding the process, you can navigate the complexities of party wall agreements and ensure a successful construction project.
