Party wall agreement
A party wall agreement is an agreement between two adjacent property owners which sets out the rights and responsibilities of each party concerning a shared wall between the properties. This agreement is made when construction or renovation is done on either property and affects the other.
The agreement includes details about the works to be done, any compensation due to the other party, and other relevant information. It is important to have a written agreement in place to protect the rights of both parties, and ensure that any work is done safely and legally.
What is a party wall agreement?
A party wall agreement is a legal document that outlines the rights and responsibilities of two adjacent property owners when constructing a shared wall or other structure that divides their properties.
What are they for?
A party wall agreement’s purpose is to protect both parties’ interests. In some cases, one of the parties may wish to carry out alterations or renovations which could affect the other party, such as building a new wall or extending a property.
A party wall agreement will set out exactly what works are to be done, the costs involved, and any compensation due to the other party for disruption caused. The agreement will also include details of how any disputes will be resolved, and how the parties will maintain the wall in the future.
The most important aspect of a party wall agreement is that it sets out each party’s respective rights and responsibilities. The agreement should include details of who is responsible for the maintenance of the wall, and who will be responsible for any repairs or alterations. It should also specify who is responsible for any costs associated with the works, such as materials, labour, and inspections.
A party wall agreement is also important for establishing liability. This means that if either party causes damage to the wall or to the other party’s property, the agreement should clearly state which party is responsible for the costs of repair or compensation. In the event of a dispute, the agreement should also set out how the dispute will be resolved, such as through mediation or arbitration.
It is important to note that a party wall agreement is not legally binding, but it can be used as evidence in court if necessary. It is also important to note that the agreement should be reviewed regularly, to ensure that it remains up to date with any changes in the law or to the properties involved.
Do i need a party wall agreement?
It depends on the situation. Generally, a party wall agreement is needed when building work affects an existing wall or structure shared by two or more properties.
Part wall agreement template
This Party Wall Agreement (“Agreement”) is made and entered into this ___________ (date) by and between ___________ (“Owner”) and ___________ (“Neighbour”).
WHERE
AS, Owner owns and resides at ___________ (address), and Neighbour also owns and resides at ___________ (address); and WHEREAS, Owner intends to construct a party wall between the two properties; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows:
1.Construction : Owner shall construct a party wall between the two properties per all applicable laws and regulations. Neighbour agrees to abide by all applicable laws and regulations.
2. Location: The party wall shall be located at ___________ (location).
3. Materials: The party wall shall be constructed of ___________ (materials) and shall meet all applicable building codes.
4. Cost: The owner shall pay for all costs associated with the construction of the party wall, including all materials, labour, and permits.
5. Maintenance: The owner shall be responsible for all maintenance and repairs to the party wall.
6. Dispute Resolution: Any disputes regarding the construction, location, materials, or maintenance of the party wall shall be resolved through mediation or arbitration.
7. Termination: This Agreement shall remain in full force and effect until either party terminates it by providing written notice to the other party.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date written above. Owner: ___________ Neighbour: ___________
Conclusion
In conclusion, a party wall agreement is an essential document for both parties involved in construction or renovation works to be drafted and signed. The agreement should clearly state the rights and responsibilities of each party and any compensation due for the disruption caused. It should also specify who is responsible for the maintenance of the wall and any costs associated with repairs or alterations. The agreement should also be reviewed regularly to ensure that it remains updated with any changes in the law or to the properties involved.