If you are considering carrying out building work on a shared wall or boundary with your neighbor, then it is essential to know about the Party Wall Agreement procedure. A party wall agreement is a legal document that aims to protect both the building owner and the adjoining property owner. It is a crucial process that should be taken seriously as it can help avoid disputes and legal battles that can sometimes arise from building works.
Here is an overview of the party wall agreement procedure:
1. Notify your neighbour: The first step is to let your neighbor know that you plan to carry out building work that will affect the shared wall. You need to serve them with a written notice outlining the work you intend to carry out, the duration of the work, and the expected start date. You should also provide them with a party wall agreement form that they will need to fill and return.
2. Wait for a response: Once your neighbor has received the notice, they have 14 days to respond. They can either consent or dissent, and if they decide to dissent, then a party wall surveyor will need to be appointed.
3. Appoint a party wall surveyor: If your neighbor dissents, you will need to appoint a party wall surveyor to act on your behalf. The party wall surveyor will prepare a party wall award that will detail the scope of work, access arrangements, and any other conditions agreed between the two parties.
4. Sign the party wall agreement: Once both parties have agreed on the terms of the party wall award, they will need to sign the document. The party wall agreement will then become legally binding.
5. Start the building work: With the party wall agreement in place, you can start your building work. You must adhere to the conditions set out in the party wall award and ensure that any damage to the shared wall is repaired.
In conclusion, while the party wall agreement procedure may seem complicated, it is a necessary process to protect both you and your neighbor`s interests. If you are unsure about any aspect of the party wall agreement, it is recommended to seek the advice of a party wall surveyor who will guide you through the process. Remember, it is always better to be safe than sorry, and a party wall agreement can help avoid costly legal battles in the future.