A full party wall agreement is a legal document that outlines the rights and responsibilities of property owners who share a common wall or boundary. This agreement is necessary when making changes to a property that could affect the structural integrity of the wall or boundary, such as adding an extension or carrying out excavation work.
In simple terms, a party wall is a wall, fence, or any other physical structure that separates two adjoining properties. When a property owner wants to carry out work that involves a party wall, they must notify their neighbour(s) in writing at least two months before the work begins. This notification must include a detailed plan of the proposed work, how it will be carried out, and how long it is expected to take.
Once the neighbour has received the notification, they can either give their consent to the proposed work or raise objections. If they raise objections, a surveyor is appointed by both parties to draw up a party wall agreement. This agreement must cover several key areas, including the following:
1. The scope of the work: The agreement must define the type of work that is being carried out, the location of the work, and the expected duration of the work. This ensures that both parties know exactly what to expect during the construction process.
2. Access rights: The agreement must define the access rights of both parties during the construction process. This includes the right to access the other party`s property, as well as any necessary rights of way.
3. Insurance: The agreement must outline the insurance requirements for both parties, including liability insurance and any additional coverage needed for the proposed work.
4. Dispute resolution: The agreement must specify the process for resolving disputes that may arise during the construction process, such as disagreements over design changes or unexpected issues that arise during construction.
It is important to note that a full party wall agreement is a legally binding document that must be executed in accordance with the law. Failure to comply with the agreement can result in legal action being taken against the offending party.
In conclusion, if you are planning to carry out construction work that may involve a party wall, it is essential to understand the legal requirements and obligations that come with a full party wall agreement. By following the proper procedures and engaging experienced surveyors, you can ensure that the construction process runs smoothly and that both parties are protected throughout.