Embarking on building ventures that involve a shared wall might prompt you to secure a party wall agreement. This document is essentially a bilateral consent from neighbouring property owners, sanctioning your construction undertaking. But does this agreement constitute a legal necessity? If so, what are the consequences of failing to comply with it?
Defining the Party Wall
Party walls are physical demarcations separating two distinct properties, like the common walls in terraced residences or apartment complexes. In contrast to boundary agreements, which define land or fences, party wall agreements pertain solely to the structural integrity of a shared wall as it is affected by construction activities.
The Party Wall Act
The construction procedures involving party walls in England and Wales are regulated by the Party Wall Act of 1996. Its primary objective is to prevent conflicts and structural damage while protecting the rights and interests of all parties involved. The act encompasses actions such as:
- Altering a portion of a party wall
- Modifying the height of a party wall
- Construction adjacent to a party wall
- Reconstructing or demolishing a party wall
- Implementing structural supports or moisture barriers into a party wall
- Excavation in close proximity to a party wall
Conversely, the act excludes minor alterations, which include:
- Decorating a party wall
- Installing fixtures on a party wall
- Minor drilling for anchoring purposes
- Updating electrical components on a party wall
Obtaining a Party Wall Agreement
In order to comply with the Party Wall Act, it is mandatory you provide written notice to your neighbours two months before any construction activities begin. This notice on the party wall should include the following:
- Your identifiable information
- Work specifications and schematics
- Timelines for starting and completing the work
- An affirmation of compliance with the Party Wall Act
- An appeal for neighbourly agreement or opposition
Perhaps you are not sure how to draft a party wall notice. A standardised notice template is accessible online or via municipal offices. This notice should be delivered directly to all adjacent property owners and residents.
By law, your neighbours are allowed a two-week period to consent or decline your notice. If they grant you assent within this time, the party wall agreement is established, and your project can proceed without further formalities. However, in the event that they ignore or decline your notice, potential methods of resolution include:
- Selecting a mutual surveyor to arbitrate and draft conditions for the work, typically at the expense of the person initiating the construction.
- Appointing individual surveyors who then choose a third arbitrator, with costs shared.
- Seeking a county court ruling on the work’s progression, with associated costs falling to the applicant.
Benefits of Establishing a Party Wall Agreement
A party wall agreement can yield benefits, such as;
- Avoiding construction postponements and costly litigation with your neighbour
- Protecting your estate against potential damages and liability
- Ensuring work safety and standards
- Maintaining amicable neighbourly ties
Consequences of Neglecting a Party Wall Agreement
On the flip side, neglecting to acquire a party wall agreement can lead to;
- Legal action from neighbours
- Work being halted or building permit reversed at your expense
- Compromised insurance or warranty
- Penalties or legal repercussions stipulated in the Party Wall Act
Final Considerations
Although not an obligatory legal requirement for all types of construction or renovation projects, it is strongly recommended and legally mandatory to have a party wall agreement in place when construction activities impact shared walls. This serves as a protective measure against disputes, structural damage, and liability, facilitating a smooth and secure project operation.
When in doubt about the acquisition or necessity of a party wall agreement, it is advisable to seek the guidance of a qualified party wall surveyor in order to obtain informed advice. Such a party wall surveyor Wimbledon land and property owners rely on in the UK is Simmons Taylor Hall. You can get in touch for a free consultation to allay any party wall uncertainties.
