If you’re looking to carry out some work on your property that may impact your neighbours, and any shared walls, you’ll need a Party Wall Agreement. At this stage, you might be wondering if this is something that you can handle yourself, or if you need to get a solicitor involved. Don’t worry, in this we’ll take you through everything you need to know about Party Wall Agreements, so that everything is done correctly, right from the beginning.
So, can I do a Party Wall Agreement myself? A property owner cannot act for themselves in a Party Wall Agreement, but any impartial person can act as a Party Wall Surveyor. It is recommended that the surveyor should, however, be experienced in construction and have knowledge of procedures under the Party Wall etc. Act.
Read on to learn more about Party Wall Agreements with Aston James Associates.
Can I Act as My Own Party Wall Surveyor?
Under the Party Walls etc. Act 1996, property owners cannot act as their own Party Wall Surveyor. This is in order to prevent or, where necessary, resolve disputes in relation to party walls, boundary walls and excavations near neighbouring buildings. Instead, it is recommended to hire a legal representative that is a member of The Institute of Party Wall Surveyors (IPWS), although any impartial person may act as a Party Wall Surveyor.
Whilst any impartial person can be appointed as a Party Wall Surveyor, bear in mind that this is a specialist role, and members of the IPWS are trained to resolve disputes between parties under the Act. They will likely do a much better job than someone that is untrained, as they have a duty to the Act, rather than to any one party, which means that they will resolve disputes in a fair, impartial, and practical manner.
When Do I Need a Party Wall Agreement?
Before you go ahead and hire a Party Wall Surveyor, check below to see if your proposed work actually requires a Party Wall Agreement; not all works do. Only works that involve, or may cause damage to, party walls and structures require a Party Wall Agreement.
How Do I Submit a Party Wall Agreement?
Party Wall Agreement notices must be served by the building owner, however an authorised representative may also do this. You can choose to have the notice prepared by a Party Wall Surveyor and serve it yourself, or you can authorise your surveyor to serve it on your behalf.
There is no standard format for submitting a Party Wall Agreement, however most Party Wall Surveyors tend to use standard templates and procedures to ensure that the notice provides the required information. A surveyor will also ensure that you submit the correct notice, either:
Section 1 Notice – where you want to build on the boundary line
Section 3 Notice – where you want to work on an existing party wall or party fence wall (garden wall)
Section 6 Notice – where you want to excavate within 3m of your neighbour and deeper than their foundations
The information required when submitting a Party Wall Agreement will generally include:
Can a Party Wall Agreement be Verbal?
Verbal consent on a Party Wall Agreement is not sufficient as it gives no legal protection to either party. An official notice must be served, after which your neighbors have two weeks to confirm their consent in writing.
Just because a neighbour informally consented to work being done in conversation doesn’t mean that you should go right ahead and hire a contractor. Your neighbour needs time to properly consider the request, and any potential damage it may cause to their property, as well as such factors as noise pollution and eyesores, if the work will take a long period of time. This is not something they are likely to consider when informally agreeing in conversation.
Can Neighbours Refuse a Party Wall Agreement?
Once served with the notice, your neighbours have 14 days to consent in writing, or they can refuse. This will lead to a dispute. They also have the right to serve a counter-notice in which they can stipulate alterations to the proposed work.
Where a neighbour refuses, or requests alterations, it’s best to try and work out your differences and come to an agreement to save time, money, and hassle. In this case, any amendments to the original notice should be in writing, and an exchange of letters is also advised.
If an agreement cannot be reached, a Party Wall Surveyor will need to settle the dispute by producing a Party Wall Award. In this situation, the Party Wall Surveyor is an impartial mediator, and will set out the details of the proposed work before determining the award.
Your neighbours can choose to use the same Party Wall Surveyor, or can choose their own at your expense. In this case, if an agreement still cannot be reached, a third surveyor is appointed as an adjudicator.
What Happens if You Build Without a Party Wall Agreement?
If you proceed with planned works before an agreement is formally made, your neighbours can serve you with an injunction to stop any work that may affect their property, until such a time as a Party Wall Award is served.
On the other hand, if you comply with the terms of the agreement, your neighbours have no right to stop any work from commencing, and cannot deny reasonable access for you or your contractors to undertake work. However, Should any damage occur to your neighbours property, you will be required to fix it and pay for it.
Party Wall Surveyors London
Aston James Associates offers a Party Wall Agreement service to help you avoid, or resolve disputes regarding proposed work to shared walls. Our chartered surveyors are here to help you draft and serve an appropriate notice, before handling any disputes that may arise. Get in touch with us today for more information or to get a quote.
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