If you are planning to carry out any building work near or on a shared property boundary or a ‘party wall’, then you might need something called a ‘party wall agreement’ first.
Here’s a useful guide on what a party wall agreement is and how to get one.
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What is a party wall?
As explained on gov.uk, a party wall is:
- A wall that stands on the lands of two or more owners and forms part of a building. The wall can be part of one building only or separate buildings belonging to different owners.
- A wall that stands on the lands of two owners but does not form part of a building (e.g. a garden wall, but not wooden fences).
- A wall that is on one owner’s land but is used by two or more owners to separate their buildings.
This definition can also include other structures shared with other owners, such as a ceiling or floor that’s shared by neighbours in an apartment block.
What is a party wall agreement?
It’s basically a written agreement made between you and your neighbour regarding any building work that affects a party wall.
Do I always need a party wall agreement?
No. But you always need to give a party wall notice and get written consent from your neighbours.
You only need a party wall agreement if your neighbour fails to give consent or does not respond to your party wall notice within 14 days.
When and how do I give notice to my neighbours?
You are required to give a party wall notice to your neighbours before you begin any of the following works:
- Building near or at the boundary of your two properties
- Working on an existing party wall or party structure (e.g. removing a chimney or changing the wall’s dimensions)
- Digging below or near to the foundation level of their property
However, you do not need to tell your neighbours about minor changes, such as plastering, adding or replacing electrical wiring or sockets or drilling a wall to put up shelves.
You should give the notice between two months and a year before you plan to start any building work.
In the party wall notice, make sure to include:
- Your name and address
- The address of the property to be worked on
- A full description of the proposed work
- An estimated start time for the work
What happens after I serve a party wall notice?
Once you have given notice, the neighbour has 14 days to either:
- Give consent in writing (after which you can commence work)
- Refuse consent, setting off a dispute resolution process
- Serve a counter-notice requesting changes to the work specified, additional works or conditions such as restricted working hours. If both parties agree to the amended terms, you can put it in writing and work can commence.
To increase the odds of getting consent, consider first having a friendly chat with neighbours to explain the work you intend to do. Consulting your neighbours will make them feel respected and could lead to faster agreement.
If an agreement cannot be reached, then you will need to find and appoint a party wall surveyor. You can appoint one together or you and your neighbour can appoint your own.
The party wall surveyors will prepare a party wall award or agreement that specifies:
- What work should take
- How and when the work should be carried out
- Who will pay for what and the amount to be paid (including surveyors’ fees)
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What are the surveyor costs?
Costs will vary, but surveyor rates usually range between £150 and £200 per hour. In total, the whole process, including the preparation of the party wall award, could cost around £1,000.
It pays to try and iron out any issues with your neighbours in advance. Having them consent from the get-go can save you both time and money.
What happens if I do not give notice or get a party wall agreement?
Not giving a party wall notice or getting an agreement is not a legal offence. But without it, you have no protection against any fraudulent or exaggerated claims of damage from your neighbour later on.
With no proof of the property’s previous state (which a party wall notice and agreement would give you), you might have to pay for repairs that should not have been your responsibility in the first place.
Also, if you commence work without giving notice, the neighbour could seek a court injunction to stop you from continuing work until a party wall agreement is arranged. This could delay the project and increase costs.
