Navigating Party Wall Agreements: Top Tips for Property Owners
You are planning to carry out building work on your property, but there’s a hold-up: the structure you want to work on is lying between your property and an adjoining owner’s. How do you proceed? The key lies in the Party Wall Act and its enjoining agreements. However, dissecting this law, its recommendations and the lines in between can sometimes be confusing for those not in tune with legal structures.
Not to worry, this investigation into the complexities of party wall agreements provides an illuminating look into a crucial element of neighbourly relations and property ownership.
The Fundamentals of Party Wall Agreements
A fundamental aspect of understanding party wall agreements is recognising their function as legal instruments that lay out the responsibilities and entitlements of both the proprietor and the neighbouring property owner. In addition to aiding in the construction process, their cruciality lies in protecting against potential future disputes and the time-consuming, costly litigation process.
Demystifying Party Wall Agreements
A party wall agreement can be defined as a document in which your neighbour grants you permission to carry out particular types of construction activities that directly affect a shared wall. The range of tasks that fall under this category is wide-ranging and may consist of constructing a new boundary wall, modifying the structure of an existing party wall, and demolishing and reassembling a party wall, among others.
It is imperative that this agreement be comprehensive, encompassing a multitude of facets such as the identities and addresses of all parties involved, a precise description and geographical coordinates of the intended undertaking, schedules and approaches for the building process, provisions for access and inspection, provisions for remuneration, and most significantly, a mechanism for resolving disputes.
It is crucial to clarify that a party wall agreement should not be confused with building regulations approval or planning permission, which falls under the jurisdiction of local authorities. Depending on the nature and scale of your construction project, you may need to secure both a party wall agreement and the relevant permissions or approvals.
How Do You Get a Party Wall Agreement?
The process of getting a party wall agreement is regulated by distinct legislation, which in England and Wales is the Party Wall Act of 1996, while Scotland and Northern Ireland have comparable legislation. Serving a neighbour with a written notice well in advance of the commencement of the work constitutes the initial step. This notice should be comprehensive, including a request for consent, a description of the proposed work, and the anticipated commencement date.
Per the act, your neighbour is afforded a period of two weeks from the date of notice issuance to provide a response, in which they may express concurrence, dissent, or inquire about additional details.
Should disagreements arise or additional information be asked for, it may be necessary to engage in negotiations or enlist the services of a party wall surveyor to resolve the matter amicably and reach a satisfactory agreement.
Once an agreement is reached, it is necessary to formalise an accord in the form of a party wall award. This document constitutes a written contract containing all pertinent information regarding the work, supplementary conditions, and observed legal obligations.
Summary
Party wall agreements are an essential element of real estate development, particularly in situations involving shared walls. Contrary to their status as mere legal obligations, they serve as indispensable instruments in facilitating seamless construction procedures and fostering harmonious neighbourly relations.
Adequate comprehension and implementation of these principles can substantially mitigate the likelihood of legal conflicts and foster a more cohesive communal atmosphere. However, if dispute arise, the expertise of the party wall surveyors as dispute mediators will be needed. Should you need the service of one anywhere in Kingston, Simmons Taylor Hall is a surveyor firm that houses seasoned party wall surveyors Kingston builders and homeowners rely on.
