Party Wall Agreement Meaning
- 7.10.2022
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If you are planning to carry out construction work on a property that you share with your neighbor, it is important to understand the concept of a party wall agreement.
A party wall agreement is a legal document that is made between two adjoining property owners or tenants, in order to regulate any construction work that is proposed to take place on or near the shared party wall. This agreement is also known as a party wall award, and it is a requirement under the Party Wall etc. Act 1996 in the UK.
The party wall may be a shared wall, a boundary wall, or a garden wall that separates two properties. The agreement covers works such as digging foundations, building extensions, or repairing the party wall, which may affect the stability, structure, or appearance of the wall.
The purpose of the party wall agreement is to prevent disputes between neighbors, by setting out the rights and obligations of each party. The agreement must be served to the affected neighboring party at least two months before the proposed works are due to start. The neighboring party then has the option to consent to the proposed works, dissent to the works, or agree to modifications to the works that would satisfy their concerns.
If the neighboring party dissents to the proposed works, a party wall surveyor may be appointed to mediate and make an award that outlines the necessary measures to protect the neighboring party`s interests. The award may include provisions for access to the neighboring property, insurance, compensation, and dispute resolution procedures.
It is important for both parties to understand their rights and obligations under the party wall agreement. Failure to comply with the agreement may result in legal action, which could be costly and time-consuming.
In conclusion, a party wall agreement is a legal requirement for anyone planning to carry out construction work on or near a shared party wall. This agreement outlines the rights and obligations of each party and helps prevent disputes between neighbors. If you are planning to undertake any work that may affect a party wall, it is important to seek legal advice and serve the required notice in a timely manner.
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