To ensure a house project goes to plan, you need to ensure the project is compliant with UK law. Contractors and developers must meet all the necessary requirements, which can prevent delays and extra costs down the line.
The party wall agreement is important for contractors and developers to know about before they start a project. It’s often overlooked, but this important factor needs to be considered to stop problems that could delay the project.
Therefore, here is our guide to the party wall agreement and what contractors and developers need to know before work begins.
What is the party wall agreement?
The Party Wall Act came into force in 1996 to help prevent problems between neighbours when building work commences. A party wall agreement protects both parties and must be followed when building work is undertaken.
The agreement is important as it details what a property owner must consider when building work at their home affects a shared wall or boundary. A party wall notice is given by the property owner to their neighbour, who will then agree or disagree to the plans.
They are given a timeline of when they need to respond and whether they agree. Once approved, the party wall agreement is put into place.
When does the agreement need to be put in place?
At what stage is a party wall agreement actually needed? When a developer wants to build a project on a home that is on or next to a boundary line, or affects a shared wall with the neighbouring property, an agreement needs to be put in place.
Also, if it affects the wall, whether it needs to be removed or raised higher for example, this can also need a party wall agreement. As outlined on the government’s website, you also need to inform neighbours if you are building or digging near the foundation level of the property.
Contractors need to organise this agreement before they apply for planning permission, as this could affect the construction plans. The whole project could be delayed if it’s not put in place.
How to arrange a party wall agreement?
If you do have to put a party wall agreement in place, you need to give the neighbour at least a minimum of two months’ notice of the plans. It’s a good idea to discuss with them as early as possible, but ensure the notice you give formally is in writing.
You should include any plans you have had drawn up which will offer clarity on what you will be building and how they will be affected.
Giving them as much notice as possible gives them a chance to look at the plans and decide what to do next about the work.
The neighbour must then write within 14 days whether they consent to the project, and then the party wall agreement is legally put in place.
What to do if the neighbour does not agree to the document?
Unfortunately, a lot of building work is delayed because of disputes between neighbours over the proposed work. It is possible they will not agree to the work taking place, which can delay contractors and developers.
They can inform you of any changes they want and issue a counter-notice with any requested changes that they will have to pay for with a month’s notice. If you agree to these modifications, the party wall agreement is then put in place.
They can refuse the work completely, and in this case, a party wall surveyor is usually employed to help resolve the dispute between the property owners. They will work in the best interests of both parties and will outline a party wall award that works for both, which they must agree to. It will set out what will happen, when and how, and how much will have to be paid by both parties.
Once the agreement is in place, these rules and plans have to be followed by all parties in the party wall agreement.
If you don’t agree with the agreement made by the surveyor, you can apply to the county court within two weeks of receiving it to appeal against it.
The contractor for the work also has to see the agreement before they start the work so there are no disputes down the line.
Construction projects need to put the party wall agreement at the forefront of planning, and a contractor should discuss and make the homeowner aware of this from the start. Developers also need to consider this to help the process and reduce disputes down the line.
