You may need a party wall agreement if you are planning on carrying out work on a wall or structure that is shared with another property, or if you are planning on excavating near a neighbouring property. Examples of work that may require a party wall agreement include:
Building a new wall on the boundary between two properties
Removing or altering an existing party wall or structure
Excavating within three or six metres of a neighbouring property, depending on the depth of the excavation
If you need a party wall agreement, you must give your neighbour(s) notice in writing. This notice should include details of the work you are planning to carry out, the start date, and the likely duration. You should also include a statement explaining your neighbour’s rights under the Party Wall etc. Act 1996.
Your neighbour(s) then have 14 days to respond to your notice. If they agree to the work, you can proceed without the need for a party wall agreement. However, if they dissent or do not respond, you will need to appoint a party wall surveyor to prepare a party wall agreement.
What Does a Party Wall Agreement Cover?
A party wall agreement typically covers:
Details of the work to be carried out
A schedule of condition of the affected properties
Arrangements for access and working hours
Provision for the making good of any damage caused by the work
Arrangements for resolving any disputes that may arise
Advantages of a Party Wall Agreement
Entering into a party wall agreement has a number of advantages, including:
It can help to avoid disputes with your neighbours
It sets out clear responsibilities for each party
It ensures that any damage caused by the work is properly addressed
It can protect you from potential legal action by your neighbour
If you are planning on carrying out work on a shared wall or structure, it is important to consider whether you need a party wall agreement. Not only can it help to avoid disputes with your neighbour, but it can also ensure that the work is carried out in a way that is safe and legal. At Faulkners Surveyors in Bexhill on Sea, we have extensive experience in party wall matters and can provide expert advice and assistance. Contact us today to find out more.