Welcome to Stokemont’s property blog series, we hope that this provides you with valuable information and resolves any queries you may have.
We have a wide range of blog posts that cover various property related topics which you can find by clicking here.
In today’s post we will be discussing the Party Wall etc. Act 1996 with a focus on party wall agreements which are often referred to as Party Wall Awards. Works that fall within the remit of the Act are wide ranging and we have another post which provides more detailed information on the works that fall within the Act which you can read about by clicking here.
If a building owner is planning to undertake works which are within the remit of the Act, then they are legally required to serve a Party Wall Notice upon all relevant adjoining owners.
The adjoining owner will then have three response options available to them and are as follows:
- Consent
- Dissent & appoint ‘Agreed Surveyor’
- Dissent & appoint independent surveyor
If the adjoining owner responds with either option 2 or 3 above then a Party Wall Award (Agreement) will need to be made.
An adjoining owner’s response must be in writing, as legally a verbal response holds no weight. Having a verbal agreement with the adjoining owner(s) may seem like a good option as the building owner will not have to pay for Party Wall Surveyors.
However, in the long run this can cause problems. As the start date of the works nears the adjoining owner may have a change of heart and a dispute may arise between the two neighbours. Although a verbal agreement may have been in place the adjoining owner can dissent at any time and appoint a surveyor which would bring delays to the construction works.
If the works are due to start soon, as a building owner you may have already paid a deposit for a contractor and you would not be able to start the works until the party wall award has been created.
A common issue that we come across is when a building owner has undertaken works that fall within the remit of the Act and they decide to sell their property. If there is no party wall agreement in writing then this can cause complications and may even hinder the sale of the property.
Many building owners find themselves in this situation and ask if a retrospective party wall award can be created. The simple answer to this is no, the Party Wall Act can only be invoked prior to the notifiable works taking place.
Even if you are on good terms with your neighbour, it is highly recommended that all agreements are made in writing rather than verbally.
Furthermore, it is also important that a Schedule of Condition of the adjoining owner’s property is undertaken prior to the commencement of the construction works. This will bring protection to both the building owner and the adjoining owner.
It will prevent the building owner from being blamed for defects that were present prior to the construction works. Whilst also protecting the adjoining owner in the event of new damage as you would be able to see if the defect was present prior to the construction works.
As an adjoining owner a verbal agreement provides you with no protection under the Party Wall Act in the event of damage. If you are an adjoining owner and you want the full protection of the Act then a written Party Wall Award must be created.
If you are a building owner who is planning on undertaking construction works that fall within the remit of the Party Wall Act, please feel free to get in contact with our team of highly experienced Party Wall Surveyors who would be happy to provide you with some advice and agree a Party Wall Award for you.
Likewise, if you are an adjoining owner with a neighbour who is due to undertake works that fall within the remit of the Party Wall Act, please do get in touch by clicking here.
