26/11/2019 by Foysol Ahmed
Do I need a party wall agreement?
What is a Party Wall?
Simply put, a Party Wall is a wall that separates and is shared by two or more buildings with different owners for each. An external Party Wall that does not form the internal Party Wall but stands on the shared property of two or more owners is referred to a Party Fence Wall.
What is a Party Wall Act Agreement?A Party Wall Act Agreement or a Party Wall Award is a legal document that contains all the details of the proposed construction work regarding a party wall or a party fence wall. It is written by the appointed Party Wall Act Surveyors of all parties involved, or by the Agreed Party Wall Act Surveyor that has been agreed upon by all parties.
When would you need a Party Wall Agreement?You will need a Party Wall Act Agreement if you want to do any such work that involves a structure, shared with one or more owners and determines the boundary of two or more properties. It includes building, rebuilding, or restoring a shared Party Wall with your neighbour. Works not involving a Party Wall or Party Fence Wall are also notifiable such instances include excavation within a three meter radius of the neighbouring structure
What are the different types of a Party Wall Notice?When you want to get any work done on a shared Party Wall, you are legally obliged to send notice to all the involved parties before the construction or demolition work.
The Party Wall Act Notice has different types. These various types of Party Wall Act Notices are:
1. Type 1If you are intending to build-up to the line of junction or building a new Party Wall you need to serve a line of junction notice under Section 1.
2. Type 2When the intended works are to excavate within a three-six meter radius of your neighbouring structure you will need to serve an adjacent excavation notice under Section 6.
3. Type 3If you intend to carry out works to the Party Wall, whether that be installing steel beams or removing chimney breasts to repair parts of the Party Wall a notice will need to be served under Section 2 of the Act.
How do you serve a Party Wall Notice?It is the person or persons who have proposed the alteration and wish to undertake the construction or demolition that is obligated to serve the Party Wall Notice to the other parties involved.
In doing so, you should look for assistance from qualified Party Wall Act Surveyors who are well versed in all Party Wall Act matters. It will protect you from complex legal implications further down the road.
When should you be serving a Party Wall Notice?Usually, Party Wall Notices should be served between one or two months before the beginning of the construction or demolition work. The right time varies for each case according to the nature of work that you wish to get done. It should be noted that the service of Awards if required may take longer depending on the works being proposed and adjoining structures.
Still confused about what a Party Wall Agreement is? Need help or advice on Party Wall Act Notice? Don’t worry. Our Party Wall Act Surveyors at Seven One Associates are happy to assist with all Party Wall related matters. They will also advise you on the correct procedure with issuing Party Wall Notices and questions on the Party Wall Act. Get in touch now!