As a homeowner, you may be wondering whether you need to get a party wall agreement before undertaking any construction work on your property. The short answer is that it depends on the circumstances of your project, but in many cases, the answer is yes.
What is a Party Wall Agreement?
A party wall agreement is a legal agreement between you and your neighbour(s) that outlines the terms and conditions for any work that may affect a shared wall, fence or boundary. Under the Party Wall etc. Act 1996, if you plan on carrying out any work on a shared wall, you must notify your neighbour(s) in writing at least two months before the work starts. If your neighbour agrees to the work, then you can proceed without the need for a party wall agreement. However, if your neighbour objects or does not respond, then the act requires you to appoint a party wall surveyor to oversee the work.
What Work Requires a Party Wall Agreement?
Any work that affects a party wall, fence or boundary may require a party wall agreement. This includes:
– Building a new wall on the boundary line
– Cutting into or demolishing an existing party wall
– Excavating near a party wall
– Underpinning a party wall
– Adding or changing the height of a party wall
– Building a new extension that is located within six metres of an adjoining property
Why Do I Need a Party Wall Agreement?
A party wall agreement is essential because it protects both you and your neighbour(s) from disputes and potential damage to property. The agreement outlines the responsibilities of both parties and includes details on how the work will be carried out, who will pay for it, and how any damages will be resolved.
In addition to legal protection, having a party wall agreement can also reduce the risk of delays and unexpected costs. If your neighbour(s) do not agree to the work, then the surveyor can help to resolve any disputes and ensure that the project moves forward smoothly.
Conclusion
If you are planning on carrying out any work that may affect a shared wall or boundary, it is important to determine whether you need a party wall agreement. While the answer may vary depending on the specifics of your project, it is always a good idea to consult a party wall surveyor to ensure that you are complying with the law and protecting yourself from any potential disputes or damages.