When Do You Need a Party Wall Agreement

As a property owner, you may come across a situation where you need to carry out work on a shared wall, also known as a party wall. In such a scenario, it is crucial to ensure that you have a party wall agreement in place. This legal document outlines the responsibilities and rights of both parties involved in the proposed work.

A party wall agreement is required when you plan to carry out work that affects a shared wall with your neighbor, such as:

1. Building a new wall in line with your neighbor`s wall

If you plan to build a new wall that is directly against your neighbor`s wall, you need to have a party wall agreement in place. This may involve digging foundations or creating a wall that is not completely on your property.

2. Altering or removing a shared wall

If you intend to alter or remove a shared wall, you need to have a party wall agreement in place. This may be the case when you want to install a beam or remove a chimney stack.

3. Excavating close to a shared wall

If you plan to excavate near a shared wall, you need to have a party wall agreement in place. Excavation may involve digging foundations for an extension or a basement conversion.

Any work that you do that affects the integrity or structural support of a shared wall requires a party wall agreement. The agreement allows both parties to have input and make decisions about the work to be carried out.

The process of obtaining a party wall agreement includes the following steps:

1. Serve notice to your neighbor

You need to serve notice to your neighbor before carrying out any work on your shared wall. This notice should be provided at least two months before the start of the work.

2. Respond to your neighbor’s response

After serving the notice, your neighbor will either give consent or dissent to the proposed work. If your neighbor consents, you can proceed with the work. However, if your neighbor dissents, you will need to appoint a surveyor to mediate the process.

3. Obtain a party wall agreement

The party wall agreement is a legally binding document that outlines the rights and responsibilities of both parties.

In conclusion, if you plan to carry out work on a shared wall, it is crucial to have a party wall agreement in place. The agreement ensures that both parties have input, making the process smooth and preventing conflicts that may arise from the proposed work. If you are unsure about whether you need a party wall agreement, consult with a surveyor or a legal expert to guide you through the process.