The Party Wall Agreement comes in a standard format and must include details as specified under the Party Wall Act. Though, depending on the complexity of the agreement reached by the parties this may vary as it sets out the rights and responsibilities of the building owner.
However, all the party wall agreements under sections 10(2) & (13) of the Act will include a determination as to;
a) The right to execute any work,
b) The time and manner of executing any work; and
c) Any other matter arising out of or incidental to the dispute including the costs of making the agreement.
Incorporated within the above-stated requirements the parties should expect to find;
Details of the proposed work being carried out: This will ordinarily include both a written description and any drawings that may be required for the proposed work to be carried out. The drawings usually consist of any changes that are being proposed to be made to the building owner’s property, or, detailed drawings of works that will affect an adjoining owner’s property. When such drawings are included, the agreement process is simplified in that a building owner must carry out the proposed work in accordance with the stipulated plans. If the building owner were to breach the terms or conditions of the agreement, the building owner would be liable to the adjoining owner for any damage or losses that occurred as a direct result of the breach.
Schedule of Condition Report: The agreement will also include what is known as a “Schedule of Condition Report.” This document is the basis upon which an award is determined. The written Report documents the pre-work condition of both of the owner’s properties. For example, the condition of the walls or ceiling, whether there is any pre-existing damage, etc. Included in the written report will be photographic evidence.
The agreement may include other matters such as security bonds for any foreseeable damage that may occur, insurance, or cost matters. There are a varied number of issues that may arise, too many to list here.
A Party Wall Agreement provides protection for all or any of the parties who have an interest in the proposed works. That is to say, should any damage or damage claim result from the works, the Party Wall Surveyor or the County Court as the case may be, will use the agreement and incorporated documents to determine what, if any damage, has been caused by the works.
