We see references to Party Wall Agreements on many party wall websites.
But just what is a Party Wall Agreement?
A Party Wall Agreement is
EITHER
A legal agreement made between neighbours that describes the work, rights, and obligations of both parties.
OR
A Party Wall Award made by a surveyor or surveyors
IS CONSENT TO A PARTY WALL NOTICE IS THE SAME AS A PARTY WALL AGREEMENT ?
NO!
Consent to a party wall notice is not the same as a party wall agreement.
Notice of consent is simply confirmation that, at that time, there is nothing ‘in dispute’.”and allows the work to start . Consent means the affected neighbour agrees to the proposed work as described in the notice, allowing the work to proceed without requiring a formal agreement.
Many party wall notices set out the proposed work in the briefest of terms and invite the neighbour to consent.
Most party wall notices we see do not contain enough information for a neighbour to make an informed decision about whether to consent.
BACK TO BASICS
Basically, the Act requires that, to carry out work that affects a neighbour’s property, notice must be given. The Act sets out the form that the notice must take, but the Act itself requires very little information to be included in a party wall notice to make it a valid notice. A notice must specify: the name and address of the building owner (the person doing the work); the nature and particulars of the proposed work; and the date on which the proposed work will begin. That’s it!
So, if you are proposing to do work that affects your neighbour’s property without getting surveyors involved, discuss your proposals at an early stage and provide sufficient information for them to give consent AND draw up an agreement that describes the work, rights, and obligations of both parties.
If your neighbour is proposing to do work remember that consenting to the work simply allows the work to start. If the works do not proceed as planned, or if damage is caused and you cannot agree how it is to be put right there would be a new dispute and surveyors can then be appointed. You have not burned your bridges by consenting, but it is important for the party wall notice to be correctly served and to be clear about what you have consented to.
If you are a building owner carrying out work to your property that falls within the scope of the Act or if you are an adjoining owner where your neighbour is carrying out work to their property, Alan Riley Associates can provide you with timely, economical expert advice to guide you through the requirements of the Act
For free advice, contact Alan Riley MFPWS on 07770 928317 or email mail@alanrileyassociates.co.uk