Party Wall Agreement
A very common issue for our clients is Party Wall Matters. If your home shares a wall with a neighbour you are obligated to protect them as well as yourself from any issues that may arise during the construction process with a Party Wall agreement.
​
Party Wall Surveyors most frequently draw up Agreements for these kinds of projects:
​
-
Excavating foundations for a new extension within 3m of a neighbouring or shared structure
-
Removing chimney breasts that are attached to a party wall
-
Underpinning a party wall to create a basement extension
-
Cutting beams in to a shared party wall as part of a loft conversion
​
The above information is informal guidance only and the official Party Wall Act guidance provided by the Government should be consulted to determine whether your work falls under the Act…
Why would you need a Party Wall Agreement?
A party wall agreement is a crucial legal document for construction or renovation projects that involve shared walls or structures between neighboring properties. This agreement serves to protect the rights and interests of all parties involved and outlines the responsibilities and expectations of each owner. Here are several key reasons why securing a party wall agreement is essential:
Compliance with Legal Standards
Under the Party Wall etc. Act 1996, if your planned work involves a party wall or party structure (such as a wall that stands on the land of two or more owners), you are legally required to notify your neighbor and obtain their consent before proceeding. This applies to various types of construction activities, including building new walls, altering existing ones, or excavating near the boundary.
Prevents Disputes
A party wall agreement helps prevent potential disputes with your neighbor by clearly outlining the scope of the work to be carried out, including specific details such as timings and methods. By having a formal agreement in place, both parties can have their rights and responsibilities documented, reducing the likelihood of misunderstandings.
Protects Your Investment
Undertaking construction without a party wall agreement can expose you to significant risks, including costly legal disputes and potential work stoppages if your neighbour raises objections. These conflicts can not only drain your financial resources but also create unnecessary stress and delays in your project timeline.
Defines Rights & Responsibilities
The agreement clearly defines the rights and responsibilities of both parties. It outlines what work can be done, when it will occur, and what measures will be taken to protect the neighbouring property during construction. This clarity helps to foster a cooperative relationship with your neighbour.
Provides Framework for Compensation
If your construction activities inadvertently cause damage to your neighbour’s property, a party wall agreement can clearly define the procedures for compensation. This provision ensures that any damage incurred during the construction process is addressed in a fair and timely manner, providing peace of mind for both parties involved.
Facilitates Access
If your project requires access to your neighbor’s property (for example, to undertake work on a shared wall), a party wall agreement can facilitate this access. It outlines the conditions under which access is granted, ensuring that both parties are aware of the arrangements.
Professional Guidance
Managing party wall agreements can be complicated due to the technical and legal details involved. Hiring a professional surveyor to prepare the agreement is highly beneficial, as they provide expert guidance and ensure that everything complies with legal requirements.
Increase Resale Value
A well-documented party wall agreement can make your property more attractive to future buyers. It shows that you have taken the necessary precautions during construction and maintained a good relationship with your neighbors. Buyers appreciate established agreements, as they reduce the risk of future disputes and provide peace of mind.