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DOMESTIC EPC’S FOR LANDLORDS & HOMEOWNERS

Party Wall Basics for Homeowners: Protect Your Property

November 4, 2024

If you’re a UK property owner planning construction that impacts a neighboring property, it’s essential to understand party wall agreements. These agreements define the rights and responsibilities of adjoining property owners for work near a shared wall.

What is a Party Wall?

A party wall is a wall that separates two properties. It can be:

  • A shared wall: A wall that is structurally part of both properties.
  • A wall on the boundary: A wall that stands on your land but is used to support a neighboring property.

What are Party Wall Structures?

Party wall structures refer to the physical elements of a party wall, including:

  • The wall itself: The structural components of the wall.
  • Foundations: The foundation that supports the wall.
  • Cornices: The decorative or structural elements at the top of the wall.

When Do You Need a Party Wall Agreement?

You’ll typically need an agreement in the following cases:

  1. Work on a shared wall: This includes any alterations, repairs, or extensions.
  2. Making structural changes: For example, cutting into the wall to install new wiring or plumbing.
  3. Building near the boundary: Such as constructing a new wall or extension close to your neighbor's property.

The Party Wall Act 1996

This Act governs boundary matters in England and Wales, outlining the procedures for notifying adjoining owners and resolving disputes.

Key Steps in the Process

1. Serve a Notice: A formal notice to your neighbor(s) that outlines your proposed work, including:

  • The nature of the project
  • Expected start and completion dates
  • Names of any surveyors involved
  • A plan of the affected area

2. Appoint a Surveyor: If you and your neighbor(s) can’t reach an agreement, a surveyor can act as a third-party mediator. They will:

  • Inspect the property
  • Prepare an award detailing the terms of the work
  • Advise on precautions

3. Negotiate the Agreement: The surveyor will assist you and your neighbor(s) in reaching an agreement covering:

  • Scope of the work
  • Rights and responsibilities of each side
  • Procedures for addressing damage or disputes
  • Insurance requirements
  • Payment for additional costs

Costs Involved in a Party Wall Agreement

Costs can vary depending on the complexity of the work. Here’s an overview of typical expenses:

  • Surveyor Fees: Between £700 and £1,500 per surveyor; if both parties use the same surveyor, this may reduce costs.
  • Legal Fees: Some complex cases may require legal assistance, which adds to the overall expense.
  • Additional Costs: If the agreement specifies repairs or damage compensation, these will also affect the budget.

Unsure about the costs or process? Contact STAAC for expert guidance on navigating party wall agreements. We’ll ensure your project is compliant and efficient!

Why is a Party Wall Agreement Important?

A well-drafted party wall agreement can:

  • Prevent disputes: By clearly outlining the terms of the work, it can avoid misunderstandings and disagreements.
  • Protect your rights: It ensures that your property rights are protected during the construction process.
  • Mitigate risks: It can help to identify and mitigate potential risks, such as damage to neighboring properties.

How Long Does a Party Wall Agreement Last?

The duration of a Party Wall Agreement depends on the type of work being carried out.

  • Structural Work:

If the work involves structural changes to the party wall or boundary, the agreement will last indefinitely. This means that if any future work needs to be carried out on the same wall or boundary, a new agreement is not required.

  • Non-Structural Work:

For non-structural work, such as fitting shelves or painting, the agreement will typically last for a set period, usually one year. After this time, if no further work has been carried out, the agreement will expire. A new agreement must be drawn up if any further work is planned.

Key Points to Remember:

  • It's crucial to consult with a qualified surveyor or legal professional to ensure that your party wall agreement is legally sound and protects your interests.
  • Open communication with your neighbours is essential throughout the process.
  • Always adhere to the terms of the agreement to avoid potential disputes.

Simplifying Party Wall Agreements for a Smoother Project

If you’re unsure about any aspect of the process, consulting with a qualified surveyor or legal professional is always a good idea.

For tailored advice and support with your project, reach out to STAAC. Our experts are here to guide you through every step and make your project a success.

Contact us today to discuss your project and receive a free quote.

Call 0808 1699964

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