As a homeowner or a property developer, there might come a time when you need to carry out work on a party wall. A party wall is a shared wall and is usually found between two properties. This wall is a common feature in properties that are divided into flats or semi-detached houses. Any work carried out on a party wall requires a Party Wall Agreement. But, when should this agreement be obtained?
The Party Wall etc. Act 1996 governs party wall agreements in the UK. Under this act, property owners are required to inform their neighbours of any work that they intend to carry out on a party wall. The notice must be served no less than two months before the work starts. This is the minimum notice period as stated by the Party Wall Act, but it may be necessary to serve the notice much earlier. The timing of the party wall agreement is often crucial to the success of the project and minimising any delays.
The first step in obtaining a party wall agreement is to appoint a surveyor. The surveyor can be either an agreed surveyor or two separate surveyors (one for each owner). The surveyor’s role is to prepare a party wall agreement that outlines the work to be carried out and the rights and responsibilities of both parties. The surveyor(s) will also carry out an inspection and prepare a report on the condition of the party wall before any work begins.
Once the notice has been served, the surveyor(s) will review it and advise the property owner on the next steps. The first step is to ensure that the notice is valid and has been served correctly. The property owner must also ensure that they have obtained the correct planning permissions and that they have correctly identified all the affected parties.
The party wall agreement must be in place before any work starts. This is to ensure that both parties are clear on what work is being carried out and when. The agreement should also include details on how any damage caused by the work will be dealt with.
In conclusion, the timing of the party wall agreement is crucial to the success of any project. It is important to ensure that the notice is served correctly, planning permissions are obtained, and the agreement is in place before any work begins. This will help to minimise delays and avoid any unnecessary legal disputes. If you are unsure about when to obtain a party wall agreement, it is best to seek the advice of a party wall surveyor.