Legal Requirement for Party Wall Agreement

If you are considering carrying out any work to a party wall, it is important to be aware of the legal requirement for a party wall agreement. A party wall agreement is a legal document that outlines the rights and responsibilities of both owners, as well as the details of the proposed work.

The Party Wall Act 1996 sets out the legal requirements for party wall agreements and provides guidance on the procedures to be followed. Under the act, party walls are defined as the walls between two properties which are shared by the owners.

The act requires that any work carried out on a party wall, which includes alterations, extensions, and demolition, must be preceded by a party wall agreement. This is a legally binding agreement designed to protect the interests of both parties and help to avoid disputes.

The party wall agreement must be signed by both parties and sets out the details of the proposed work, including the start date, duration, and any measures that will be taken to protect the adjoining property. It will also include a schedule of condition detailing the condition of the adjoining property before work begins, which will be referred to in the event of any damage occurring.

The agreement must be served in writing to the adjoining owner, allowing them a period of 14 days to respond. If they agree to the proposed work, a party wall agreement is then signed, and work can commence. However, if they do not respond within the 14-day period, this is considered a dispute.

In the event of a dispute, there are procedures in place to help resolve the issue. The act provides for the appointment of independent party wall surveyors who will act as mediators to resolve any disputes. The surveyors are impartial and will work to ensure a fair outcome for both parties.

It is important to remember that failure to comply with the requirements of the Party Wall Act can result in legal action being taken against you. This can include the potential for an injunction to prevent work from being carried out, or the requirement to compensate the adjoining owner for any damage caused.

In summary, if you are considering carrying out any work on a party wall, it is crucial to be aware of the legal requirements for a party wall agreement. Failure to comply with these requirements can lead to unnecessary disputes and legal action, which can be costly and time-consuming. So, make sure you seek expert advice and follow the correct procedures to ensure a smooth and stress-free process.

Published by

X