Party Wall Agreements: Everything You Need to Know
If you are planning construction work on your home that could affect your neighbours you might need a Party Wall agreement. But what is a Party Wall agreement and how do you now when you need one? Below we explain everything you need to know.
What is a Party Wall Agreement?
A Party Wall Agreement is used to resolve or stop disputes occurring between neighbours caused by building work that could affect the structural integrity of their property. It is a formal notice served to the owners of an adjoining property letting them know about the planned work due to take place.
In physical terms, a party wall is a boundary between two neighbouring properties. Its use is shared and is usually positioned between a semi-detached or terraced house.
A party wall can also include garden walls that have been built over excavations close to a neighbour’s homes (depending on the depth of the new foundations it must be within 3-6 metres).
How do I get permission to build a party wall?
Before any work can begin, the person planning on building the wall or doing work to an existing party wall must receive written permission from any neighbour it affects. Alternatively, a Party Wall Award (a legally binding agreement made between both parties) can be prepared by a party wall surveyor (or an “Agreed Surveyor”).
How do I serve a party wall notice?
You can serve notice using a qualified Party Wall surveyor and pay a flat fee, or serve notice directly for free. A sample letter can be found on the government website here.
The notice should include a letter of acknowledgement that the neighbour can complete and return. It is also helpful to include any existing and proposed drawings for neighbours to review in line with the letter. It should be sent at least two months before building work begins, or one month for excavations. After the notice has been served the homeowner has up to one year to begin their planned work.
How long do neighbours have to respond to a Party Wall Notice?
Once notice is served your neighbour(s) have 14 days to reply. This could result in three different outcomes. Your notice should clearly explain to them so your neighbour is aware of their options.
The neighbour gives assent
This is based on you correcting any problems that occur with the planned work. Where there is agreement from your neighbours there is less need to seek a Party Wall Award or hire a surveyor. Take photos of the party wall and note any damages, dating the images and giving copies to your neighbour. You could still hire a surveyor or architect to professionally assess the wall and reduce the risk of disputes at a later date.
The neighbour does not reply or dissents
In this instance a Party Wall Award is required. An independent, Agreed Surveyor can be hired and used to protect the interests of both parties. The surveyor will produce a schedule of condition and an Award that lists the proposed works.
Both parties hire a surveyor
Both homeowners can choose to hire their own surveyor, although the neighbour planning on doing the work is responsible for the cost of both. If you have good relations with your neighbour you should hopefully be able to avoid this outcome.
Remain on good terms with your neighbours
If you want the process to be hassle free, your best chance is to ensure you have good relations with your neighbour(s). This doesn’t mean you have to be the best of friends, but having a polite, friendly relationship should make it easier for you to get the green light you need.
Before you send the Party Wall Notice it is a good idea to have an informal chat with your neighbour about your plans and the letter you will be sending. This enables you to explain things in more detail, and allows your neighbour to raise any concerns they might have. If there are any disagreements you can hopefully resolve them in person, making the letter more of a formality.
Your neighbour may ask for the contact details of the surveyor or building company carrying out the work to seek reassurance, so don’t be worried about giving them this information.
Try to avoid
Not giving enough notice to your neighbours.
Not telling all the neighbours who will be affected by the works, including anyone with a leasehold longer than a year and the freeholder. If you live next to flats it could affect a number of people, so use the Land Registry to check who owns the relevant properties.
Not using the correct form of notice. Ensure it is the standard form for a party wall and not anything else.
Are you planning an extension or loft conversion?
Anyone living in a terraced or semi-detached house will share a wall with their neighbour. If your extension or loft conversion affects this wall you will need to send a Party Wall Notice before work begins. We can help guide you through the process so work can begin. Call us today on 07984 760920, email info@tereynarchitects.com or send us a message here and we’ll get right back to you.
