Party Wall Agreement: A Practical Guide

If you`re planning to carry out work on a shared wall, you`ll need to enter into a party wall agreement. This legal document sets out the rights and responsibilities of each party, ensuring the works are carried out with minimal disruption and damage.

In this article, we`ll provide a practical guide to party wall agreements, covering everything from the types of works covered to the process of obtaining an agreement.

What is a Party Wall Agreement?

A party wall agreement is a legal document that sets out the rights and responsibilities of each party when carrying out work on a shared wall, fence, or boundary. It is a two-part agreement, with both parties agreeing to the works and their scope, as well as the responsibilities for any associated costs and damages.

A party wall agreement is required when works are carried out on a shared wall, regardless of whether it is on the boundary of your property or that of your neighbour. The agreement ensures that the works are carried out with minimal disruption and damage to the shared structure.

Types of Works Covered by a Party Wall Agreement

A party wall agreement is required for a range of works, including:

– Removal or modification of a shared wall or boundary

– Building a new structure up to or alongside the party wall

– Excavating foundations within three metres of a neighbouring property

– Excavating foundations within six metres of a neighbouring property where a 45-degree line drawn from the bottom of the neighbouring property`s foundation intersects with the planned excavation.

Process of Obtaining a Party Wall Agreement

If you plan to carry out works covered by a party wall agreement, you`ll need to follow these steps:

1. Give your neighbour written notice of your proposed works. This notice should provide details of the works to be carried out, the estimated start and end dates, and the names and addresses of the parties involved.

2. Your neighbour has 14 days to respond to the notice. If they agree to the works, you can proceed without the need for a party wall agreement. If they reject the notice, you`ll need to enter into a party wall agreement, and the dispute resolution process will begin.

3. Agree on the terms of the party wall agreement, including the scope of the works, responsibilities for any damages or costs, and dispute resolution process.

4. Sign the party wall agreement, with both parties retaining a copy.

Conclusion

A party wall agreement is an essential legal document when carrying out works on a shared wall, fence, or boundary. It sets out the rights and responsibilities of each party, ensuring the works are carried out with minimal disruption and damage. If you`re planning to carry out works that require a party wall agreement, follow the steps outlined in this guide to ensure a smooth and successful process.