If you`re planning on carrying out building work that involves affecting a shared wall or boundary with your neighbor, you`ll need to sign a party wall agreement. This process can be a bit confusing and overwhelming, especially for those who are not familiar with the legal jargon and procedures involved. In this article, we`ll explain party wall agreements in simple terms, so you can have a better understanding of what it entails.
What is a Party Wall Agreement?
A party wall agreement is a legal document that sets out the rights and obligations of property owners who wish to carry out building work that affects a shared wall or boundary with their neighbor. The agreement serves to protect the interests of both parties involved and helps to avoid disputes that may arise from the proposed building work. It`s governed by the Party Wall Act 1996, which applies to England and Wales.
What does it involve?
If you intend to carry out any work that may affect a shared wall or boundary with your neighbor, you`ll need to serve a party wall notice to your neighbor. The notice should include a description of the work you plan to carry out, when you intend to start, and how long it should take. You must also provide your contact details and the name of your surveyor if you`ve appointed one.
Once your neighbor receives the notice, they have 14 days to respond. They can either agree to the proposed work, dissent, or provide a counter-notice. If the neighbor dissents, this means they object to the work, and you`ll need to appoint a surveyor or agree on a joint surveyor to resolve the matter. If they provide a counter-notice, this means they want to carry out their own work on the shared wall or boundary.
If both parties agree to the proposed work, you can proceed with the building work. However, if there are any disputes that arise, the surveyors will act as a mediator to resolve the matter.
Why do you need a Party Wall Agreement?
Party wall agreements are necessary to ensure that work carried out on shared walls or boundaries doesn`t cause any damage to neighboring properties. Without this agreement, you may be liable for any damages caused to your neighbor`s property. Additionally, a party wall agreement sets out the details of the work, including the timeframe, which helps to prevent disputes from arising in the future.
Conclusion
In summary, a party wall agreement is a legal document that helps to protect the interests of property owners who wish to carry out building work that involves affecting a shared wall or boundary with their neighbor. It`s a legal requirement under the Party Wall Act 1996, and failure to comply can result in costly legal disputes. If you`re unsure about any aspect of the process, it`s best to seek the advice of a qualified surveyor or legal professional.