If you`re planning to undertake construction or renovation work on an existing property, you need to be aware of the Party Wall etc. Act 1996 which outlines the legal requirements for dealing with party walls. A party wall is a wall shared by two or more separate properties, and the act gives guidance on how to handle disputes around building and repair work that might affect shared walls.
One of the key requirements in the act is the need for a party wall agreement. But what exactly is this, and do you need one for your project? Here`s what you need to know.
What is a party wall agreement?
A party wall agreement is a legal agreement between two property owners whose properties share a common wall. The agreement outlines the rights and responsibilities of each owner when it comes to building work that may impact the shared wall. The agreement is designed to help avoid disputes and conflicts and ensure that both parties are aware of their obligations.
Do you need a party wall agreement?
Whether you need a party wall agreement depends on the specifics of your construction or renovation project. Generally speaking, if the works you`re planning involve:
- Building a new wall on the boundary line between two properties
- Carrying out work that might affect a shared wall, such as cutting into it to install beams or lintels
- Excavating within 3m of a neighbouring property`s foundations
- Excavating within 6m of a neighbouring property`s foundations if the excavation will be deeper than their foundations
In these cases, you will need to serve your neighbour with a notice of your proposed work, and they will have the opportunity to either agree to the work or request a party wall agreement.
What should be included in a party wall agreement?
A party wall agreement will typically include provisions covering:
- The scope of the works being undertaken
- The responsibilities of both parties, including costs and insurance requirements
- The timeline for the works to be completed
- Dispute resolution methods should any issues arise during or after the works have been carried out
While a party wall agreement might seem complex, it is an important legal requirement that will help ensure that your construction or renovation project goes smoothly. If you`re unsure about whether you need a party wall agreement or how to go about obtaining one, it`s always best to seek legal advice from a professional.
