A party wall agreement is a legal document that is created between two parties who share a boundary wall or building. This agreement outlines the rights and responsibilities of each party and is usually created to prevent disputes from arising between neighbors. The process for a party wall agreement involves several steps, including notification, surveying, and drafting the agreement itself.
The first step in the process for a party wall agreement is notification. This involves informing your neighbor that you intend to carry out construction work that may affect their property. You must give your neighbor at least two months` notice before you start work. This gives them time to consider the proposed work and respond accordingly. If your neighbor agrees to the work, the process is straightforward. However, if your neighbor objects to the work, the process becomes more complex, and you may need to engage a party wall surveyor.
The next step in the process is surveying. If your neighbor objects to the work, you will need to engage a party wall surveyor. The surveyor will act as an impartial mediator between you and your neighbor and will help you reach an agreement. They will inspect the affected property and prepare a report that outlines the scope of the work that is proposed, its potential impact on your neighbor`s property, and the measures that will be taken to minimize any disruption. If both parties agree to the surveyor`s report, the party wall agreement can be drafted.
Drafting the Agreement
The final step in the process is drafting the party wall agreement. This document outlines the rights and responsibilities of each party and includes details such as the proposed work, the dates on which the work will take place, and the measures that will be taken to avoid damage to your neighbor`s property. The agreement should be drafted in accordance with the Party Wall etc. Act 1996 and is legally binding once both parties have signed it.
The process for a party wall agreement may seem complicated, but it is essential to protect your property and avoid disputes with your neighbor. By following these steps, you can ensure that your proposed work is carried out smoothly, and both parties are satisfied with the outcome. If you are unsure about any aspect of the process, it is always best to engage an experienced party wall surveyor who can guide you through the process and ensure that your rights are protected.