A Party Wall Agreement, otherwise known as a Party Wall Award, is a legal document that outlines rights and responsibilities for property owners who are undertaking construction work affecting shared walls, boundary walls, or involving excavations near neighbouring properties. It is very important to understand the key elements of a Party Wall Agreement and how it protects you to have a smooth process at construction.

What is a Party Wall Agreement?

A party wall agreement is a formal document prepared by a party wall surveyor(s) after the provisions of the Party Wall etc. Act 1996 have been satisfied. The intention of this document is to protect both the interest of the building owner, who is executing the work, and that of the adjoining owner, whose property may be affected by the work.

Basic Requirements of a Party Wall Agreement

Details of the parties

The agreement should clearly spell out the names and addresses of both the building owner and the adjoining owner.

Work Description

Particulars concerning the work, which is to be undertaken, should be detailed along with plans and specifications. This helps the parties understand what is to be expected by way of extent and probable effects.

Schedule of Condition

This is a recorded document of the condition of the adjacent property before the commencement of the works. The schedule should consist of photographs and descriptions for reference if any dispute over damages occurs at later stages.

Work Timetable

The agreement must clearly state the starting date, duration of the construction to be carried out, and also provide the timing for when workers can start working. All parties will then know how long the work is going to take, and the instances of disturbance.

Access Arrangements

In case the execution requires them to enter the land belonging to the adjacent owner, then the agreement should spell out the terms of access, inclusive of notice periods and restriction.

Protective Measures

The agreement should also elaborate on any protection measures that would be implemented towards ensuring no damage occurs to the property of the adjacent owner. These may be in the form of shoring, underpinning, or temporary supports.

Dispute Resolution

The agreement should contain words regarding dispute resolution between the two parties. This typically includes the naming of an independent surveyor whose decision is to be binding.

How a Party Wall Agreement Protects You

Legal Protection

It protects you legally since it spells out the rights and obligations of parties concerned. It ensures that the building owner may carry on his work lawfully unobstructed, provided he is in compliance with the agreement terms.

Prevents Disputes

The agreement prevents disputes through the stipulation of details of the work and measures against the protection of adjoining properties. In case any dispute arises, it has inbuilt machinery that helps resolve such disputes.

Records Property Condition

The Schedule of Condition protects both parties through an accurate record of the condition of the adjoining property before the work. This would make claims of damages to be amicably resolved as quickly as possible.

Ensures Compliance

The agreement ensures that the work carried out by the building owner complies with the Party Wall etc. Act 1996; thus, it would avoid any legal implications that may cause delay in the project.

Access Rights

The agreement provides for those instances when access might be necessary to an adjoining property, specifying how and when such access shall be granted while protecting the rights of the adjoining owner.