Why Get A Party Wall Agreement is it worth the money?
When embarking on a building project, it’s essential to address any construction work that may affect a shared structure or neighbouring property. A party wall agreement is a vital legal document designed to prevent disputes and maintain good relations between property owners. Here’s why obtaining one is a smart move for both building owners and adjoining owners.
Legal Requirements for a Party Wall Agreement
The Party Wall etc. Act 1996 is a legal framework that applies to properties in England, Wales, and Northern Ireland. It governs construction work near shared structures, such as existing party walls, garden walls, or shared boundaries. For example, if your project involves new foundations within three metres of a neighbouring building, altering a shared party structure, or working along a boundary line, you are legally required to serve a party wall notice. This formal notice notifies the affected neighbour, giving them the opportunity to raise concerns or consent to the proposed work.
Failing to comply with the Act could lead to legal action, potential delays, and additional costs. A court order may even be necessary to resolve disputes if the process is not followed.
Benefits of a Party Wall Agreement
A party wall agreement details the rights and responsibilities of both the building owner and the adjoining owner. This legal document often includes a schedule of condition that records the state of adjoining properties before work begins, reducing the risk of disputes over damage or defects.
Without an agreement, potential issues such as damage to a neighbour’s foundations or disruption to adjoining properties could escalate into major legal disputes. The agreement helps prevent these risks while ensuring homeowners on both sides feel secure about the building project.
The Role of Appointed Surveyors
When adjoining owners do not consent to the initial notice, appointed surveyors are brought in to represent each party. They assess the scenario, mediating to reach an agreement that satisfies all parties. Alternatively, a single, agreed surveyor may handle the process. While surveyor costs, such as a flat fee or per-hour rate, are usually the building owner’s responsibility, the value of avoiding potential disputes far outweighs the expense.
Whether it’s a project involving kitchen units near a shared boundary or new building regulations approval, addressing the party wall process early ensures a smoother construction timeline. For further information, consult a party wall booklet or seek professional assistance to meet legal requirements and protect your investment.