This blog is not an authoritative interpretation of the law; it is intended as a general guide.
In this blog, Icon Surveyors explores what a Party Wall Agreement is, when one is required under the Party Wall Etc. Act 1996, and whether a party to the agreement can write it themselves.
What is a Party Wall Agreement?
A ‘Party Wall Agreement’ is a creature of section 10 of the Party Wall Etc. Act 1996. It is termed as a ‘Party Wall Award’. It is important to understand that no proposed building works likely to affect a party wall can begin until the building owner has formally notified all adjoining neighbours in writing and obtained their written consent. This is a mandatory obligation under the 1996 Act.
Upon receiving a Party Wall Notice, an adjoining owner has several options: they may consent in writing, raise objections to specific works, refuse consent entirely, or, in some instances, choose not to respond at all. However, the Act imposes a legal obligation on the adjoining owner to respond within a specified timeframe. Failure to do so will automatically deem a dispute to have arisen between the parties. Similarly, a partial or outright refusal to consent will trigger a dispute that must be resolved in accordance with section 10 of the Act.
Once a dispute arises, or is deemed to have arisen, one or more surveyors must be appointed to resolve the matter. The appointed surveyor(s) are then responsible for producing a formal agreement between the parties, enabling the building owner to exercise their statutory rights whilst simultaneously safeguarding the interests of any adjoining owners affected by the proposed works.
What Does a ‘Party Wall Agreement’ Contain?
A Party Wall Agreement is a comprehensive document that addresses specific permissions and anticipates a wide range of foreseeable scenarios. For instance, when permitting a building owner to proceed with an extension, a surveyor may impose conditions such as requiring the underpinning of foundations, the arrangement of an appropriate insurance policy, or the establishment of an escrow account holding a specified sum to cover any damage that may arise.
A surveyor will also assess whether an adjoining owner has been, or is likely to be, inconvenienced by the proposed works, and determine whether compensation is due. The agreement will clearly set out which works are permitted, as well as the timeframes and methods by which those works are to be carried out. Party Wall Agreements can be considerably complex documents, containing terms and conditions that a layperson may not readily anticipate or adequately address if drafting the agreement independently.
Can I write my own Party Wall Agreement?
While a party to an agreement is technically entitled to draft one themselves, the Party Wall Etc. Act 1996 does not permit a party to adjudicate on, or author, their own Party Wall Agreement once the Act has been engaged. For the Act to apply, a valid Party Wall Notice must first have been served by the building owner upon the adjoining owner.
Where no valid notice has been served, the parties may reach a mutual agreement between themselves and draft their own terms and conditions accordingly. That said, unless a building owner is thoroughly familiar with the complexities that can arise before, during, or after a building project, Icon Surveyors strongly recommends seeking the assistance of professional Party Wall Surveyors.
Doing so can help avoid costly oversights that may not be immediately apparent, ultimately saving time, money, and in many cases, valuable neighbourly relationships. Icon Surveyors is pleased to offer a free consultation to any building or adjoining owners who have questions arising from the issues discussed in this blog.
