As a homeowner or property developer, you may have heard the term ‘party wall agreement’ being thrown around. But what exactly is a party wall agreement and is it compulsory?
A party wall agreement is a legal document that is drawn up between two or more adjoining property owners. The agreement outlines the responsibilities and rights of each property owner as it pertains to a shared wall. This shared wall might be a wall in between two townhouses or a fence that sits on the boundary line.
Now to the question at hand – is a party wall agreement compulsory? The answer is not always straightforward. The requirement for a party wall agreement is dependent on the nature of the works being conducted.
The first consideration is whether the work will affect the party wall or not. If the work being carried out involves an alteration or repair of the party wall, a party wall agreement is compulsory. The same applies if the work is being conducted on the boundary line, and there is a risk of damage to the adjoining property or wall.
However, if the work being conducted does not affect the party wall in any way, a party wall agreement is not necessary. This can include works such as installing a new kitchen or loft conversion. It’s important to note that if there are any cracks or damage to the party wall prior to the works starting, a party wall agreement might be required to ensure that any future damage is accounted for.
It’s also important to remember that party wall agreements are required under the Party Wall Act of 1996. The act is applicable to all of England and Wales and was put in place to help protect the rights of adjoining property owners. The act ensures that both parties are aware of their rights and responsibilities before works commence and safeguards against disputes down the line.
In conclusion, a party wall agreement is not always compulsory. However, if the work being conducted affects the party wall or boundary between two properties, it is important to obtain a party wall agreement to protect both parties’ rights and ensure that any damage is accounted for. Understanding the requirements of the Party Wall Act can help property owners make informed decisions and avoid potential disputes in the future.
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