Party Wall Agreement Foundations
Party Wall Agreement Foundations: What You Need to Know
Are you planning to carry out construction work on a property? If so, it`s essential to understand how the Party Wall etc. Act 1996 affects your project. This act regulates the construction of shared walls, boundary walls, and excavations near neighbouring properties.
One of the key elements of the act is the requirement for a party wall agreement. In this article, we`ll explain the foundations of party wall agreements and what you need to know before starting your construction project.
What is a Party Wall Agreement?
A party wall agreement is a legal document that sets out the details of construction work that affects a shared wall or boundary. The agreement aims to protect the neighbouring property owner`s rights and ensure that they are not negatively impacted by your construction work.
Typically, a party wall agreement is required for work that involves building a new wall or extending an existing one up to or beyond the boundary line. It`s also necessary when the work involves excavating near the neighbouring property or underpinning a shared wall.
What Does a Party Wall Agreement Include?
A party wall agreement outlines the rights and responsibilities of both the building owner and the neighbouring owner. It sets out the scope of the work, including the location, depth, and duration of excavation work, and the construction details of the new wall.
The agreement will also include provisions for resolving disputes that may arise during the construction process. It will define the procedure for resolving disputes and the responsibilities of each party in this process.
When is a Party Wall Agreement Required?
The Party Wall etc. Act 1996 requires a party wall agreement in the following situations:
1. When building a new wall at or astride the boundary line between two properties.
2. When carrying out work on an existing party wall or boundary wall.
3. When excavating within three meters of the neighbouring property, even if only in the case of foundations.
4. When excavating within six meters of the neighbouring property, if the excavation will be cut to a depth lower than the neighbour`s house`s foundations.
What Happens if You Don`t Have a Party Wall Agreement?
If you carry out work that requires a party wall agreement without obtaining one, you risk causing damage to your neighbour`s property. They could sue you for damages, and in some cases, they could seek an injunction to stop the work.
It`s crucial to get a party wall agreement in place before starting any construction work that falls under the Act`s guidelines.
Conclusion
In summary, a party wall agreement is a legal document that protects both the building owner and the neighbouring property owner`s rights and responsibilities. It`s required when carrying out certain types of construction work that involve shared walls or boundaries. To avoid disputes and legal issues, it`s essential to get a party wall agreement in place before starting your construction project.