Party Wall

What is a party wall agreement and do you need one?

A party wall agreement is a legal document that is required when a construction project affects a shared wall or boundary between properties. A party wall notice must be served to the affected households at least 2 months before construction and if the notice is not accepted, a party wall surveyor must be appointed to put a party wall agreement in place and obtain an award. Photographic survey of the affected property should be completed and the building owner will be responsible for the fees.

A party wall notice can be served by either yourself or a professional party wall surveyor. It informs the affected households of a construction project that will affect a shared wall or boundary between properties. It is important to inform all affected parties and include enough detail about the project.

Common mistakes include not giving enough notice, using the wrong form, or not providing enough detail. Construction can only begin two months and one day after written permission is received or the award is agreed. The building work must also start within the first year of the party wall matters being resolved.

What if your neighbour consents?

If your neighbours provide written consent to the party wall notice, your construction project can proceed without the need for a party wall award. To ensure full protection, a Schedule of Conditions is highly recommended in case of any future disputes. It is completed by a professional and it describes the current condition of the adjoining neighbours’ properties with both, a written and a photographic report. This should be shared with the neighbour before construction begins.

What if your neighbour dissents?

If your neighbour rejects your party wall notice, the process of obtaining a party wall award begins. Both parties must appoint an agreed surveyor to represent them during the agreement process. If an agreement cannot be reached on a surveyor, a second surveyor may be appointed. The building owner will be responsible for covering the costs. The party wall award should include details on the proposed works, a record of the existing condition of the neighbouring property (a Schedule of Conditions), and the architectural plans for the construction project. The award will cover both parties in case of disputes or damages.

If you would like Speedy Plans to handle your party wall matters as part of your planning or building control application project, then please contact us and we will be happy to assist.