A party wall agreement is a legal document designed to settle disputes between two or more property owners who share a common boundary wall or fence. This type of agreement is essential in avoiding misunderstandings and conflicts that may arise when carrying out repairs, maintenance, or alteration work on a shared wall.
Here is how a party wall agreement works:
1. Notification: If you plan to carry out work on a shared wall, you must first notify your neighbor(s) about your intentions. You can do this by sending them a formal notice, detailing the type of work you wish to undertake and the proposed start date.
2. Response: Once your neighbor(s) receive your notice, they have 14 days to respond. They can either give you their consent to proceed with the work or raise objections. If they object, you will need to appoint a party wall surveyor to resolve the dispute.
3. Appointment of surveyor(s): The party wall surveyor is an independent professional responsible for overseeing the agreement and ensuring that the work is carried out according to the terms of the agreement. If both parties can`t agree on a surveyor, each party appoints their surveyor to represent them.
4. Agreement: Once a surveyor is appointed, they will conduct a thorough survey of the property to determine the extent of the work and its potential impact on the shared wall. Based on their findings, they will draft a party wall agreement that outlines the details of the repairs or alteration work, timelines, cost sharing, and dispute resolution.
5. Signing the agreement: Once both parties agree to the terms of the party wall agreement, they sign it to make it legally binding. The agreement remains in effect until the work is completed, and any disputes are resolved.
In conclusion, a party wall agreement is a vital legal document that helps to prevent disputes between neighbors when carrying out work on a shared wall. By following the above steps, property owners can ensure that the work is carried out smoothly and without any misunderstandings or conflicts. Remember, it`s always best to consult a party wall surveyor when undertaking any work on shared walls to avoid any legal complications.