When embarking on a construction project, it’s crucial to think about your neighbor’s interests as much as your own. That’s where the party wall agreement comes in. It’s designed to prevent potential disputes and protect both parties involved during the building process.
In this guide, we’ll break down what a party wall agreement is, who in Rotherham needs one, and the vital role surveyors play in making sure everything runs smoothly.
A party wall agreement is a legally binding contract between neighbors who share a wall or boundary separating their properties. This agreement outlines the specific rights and responsibilities of each party involved during and after construction work.
In fact, it’s a vital document for anyone planning to make significant changes to their property, as it ensures that the work is done without harming the neighbor’s property. To avoid any misunderstandings or costly legal issues, you should Protect Your Property with a Party Wall Agreement. Its primary purpose is to ensure that your construction doesn’t damage your neighbor’s property, and to establish clear procedures for resolving any disputes that may arise.
If you’re planning any type of construction work that falls under the Party Wall Act 1996, you’ll need a party wall agreement. Some common examples include:
Building on or near a shared wall or boundary
Excavating close to a neighboring property
Demolishing and rebuilding a party wall
Altering a party wall
In Rotherham, if your planned work falls under the Party Wall Act, you must serve a formal notice to your neighbor. This notice should detail the proposed work and the expected start date.
Surveyors are the unsung heroes of the party wall agreement process. Their job is to ensure your construction work doesn’t cause harm to your neighbor’s property and that both parties’ rights are fully protected.
There are two types of surveyors that can get involved:
Agreed Surveyor: If both parties are in agreement, they can appoint a single surveyor to act on their behalf. This surveyor will draft and serve the party wall award, outlining the construction details and responsibilities for both sides.
Party Wall Surveyor: If there’s no agreement on the surveyor, each party can select their own. The surveyors then collaborate to create the party wall award.
Conducting a pre-construction survey of the neighboring property to assess its current condition.
Evaluating the proposed work to ensure it complies with the Party Wall Act.
Drafting the party wall award, which clarifies the rights and duties of both parties throughout the construction.
Addressing any disputes that may arise during the building process.
Protection from damage: Safeguards your neighbor’s property from any harm caused by your construction.
Legal compliance: Ensures your project aligns with the requirements of the Party Wall Act.
Clear expectations: Outlines the roles, rights, and responsibilities of everyone involved.
Dispute resolution: Provides a structured method for resolving disagreements if they occur.
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A party wall agreement isn’t just a legal formality; it’s an essential part of managing the relationship with your neighbor during any construction work. By taking the proper steps to get an agreement, you can avoid costly disputes and keep your project on track.
At Faulkners in Rotherham, we have a team of expert surveyors ready to guide you through every step of the process. Get in touch today to learn more about how we can help with your project and ensure everything goes smoothly.