A party wall agreement is required when a property owner plans to carry out certain types of construction work on a shared boundary or wall. The specific types of work that require a party wall agreement include:
Building a new wall on or astride the boundary between two properties
Cutting into a party wall
Raising, lowering, or otherwise altering a party wall
Underpinning a party wall
Excavating within 3-6 meters of an adjacent property, depending on the depth of the excavation
If you’re unsure whether your planned works require a party wall agreement, it’s best to speak to a qualified surveyor who can advise you on the specific requirements.
Avoiding disputes: A party wall agreement can help to avoid disputes between neighbours by clearly setting out the rights and responsibilities of each party.
Legal protection: A party wall agreement is a legally binding document that can help to protect both parties in the event of a dispute.
Clarification of responsibilities: The agreement sets out each party’s responsibilities in relation to the proposed works, which can help to avoid confusion and misunderstandings.
Increased transparency: The agreement can increase transparency around the proposed works, which can help to build trust between neighbours.
If you determine that you need a party wall agreement, the first step is to appoint a party wall surveyor. The surveyor will then serve notice on the affected parties and set out the proposed works. The notice must be served at least two months before work is due to start, and the affected parties have the option to either agree to the works or dissent.
If all parties agree to the works, the surveyor will draw up a party wall agreement, which will include details of the proposed works, the rights and responsibilities of each party, and any other relevant information. The agreement is then signed by all parties and becomes legally binding.
In summary, if you’re planning on carrying out construction work on a property that shares a wall or boundary with another property, it’s important to determine whether you need a party wall agreement. A party wall agreement can help to avoid disputes, provide legal protection, clarify responsibilities, and increase transparency around the proposed works. If you’re unsure about whether you need a party wall agreement, it’s best to speak to a qualified surveyor who can provide you with tailored advice. Faulkners in Burgess Hill