Table of Contents
Introduction
What is a Party Wall Agreement you ask?
Are you living in London and dreaming of expanding your living space with a loft conversion or an extension? If so, there’s a crucial piece of legal documentation you need to know about: the Party Wall Agreement (or in more formal terms the Award). At this point you’re probably dreading what it is and thinking another cost to what you’ve spent on your planning permission, building regulations drawings, structural calculations and Build Over Agreements (if you’re doing an extension) and now the requirements of the Party Wall etc. Act 1996, notices, awards and surveyors.
A Party Wall Agreement/Award may sound daunting, but it’s quite straightforward once you break it down. It’s a legal requirement that ensures your construction work is carried out without encroaching on your neighbour’s property rights. Stick with us in this Blog and we’ll try our very best to break all this down in a simple way and the good news is, especially if you get on with your neighbours then you might not need an Agreement/Award at all saving you time while complying with the legal requirements required of you.
When is a Party Wall Agreement/Award Required?
Imagine you’re planning to knock through a wall to create that spacious kitchen-diner or add a bedroom in the loft. If this wall is shared with your neighbour (a ‘party wall’), or if your work comes within close proximity of their property in the case of foundations for an extension, a Party Wall Notice (we’ll come onto Awards shortly) must be served on the neighbours affected by the works as outlined under the Party Wall etc. Act 1996. Depending on the response of the neighbour(s) an Agreement/Award must then be drawn up by a Party Wall Surveyor (or 2) to then give you the green the light to commence works.
If your neighbour consents to the notices, then that’s it – there is no need for a formal Agreement/Award and you are free to commence works. They still hold rights under the Act, so if any damage is caused to their property you are still responsible to make good or settle costs and neighbour can also still appoint a surveyor in the event that damage is caused.
If they ‘dissent’ under the Act, then you will need a formal Agreement/Award to commence the works. This party wall award is drafted and served by either one or two surveyors who must act impartially and in strict accordance with the requirements of the Act, as they have no other jurisdiction for other matters. Important note here is the word ‘dissent’. We have many owners who become quite upset when they see that their neighbour has dissented to the notices but the key point here is they haven’t dissented to the works in principle (unless they also submitted an objection to your planning permission!), rather, under the Act, dissenting to notices is the term used to initiate the Award process.
You can read more about notices and the options a neighbour has in our Notices Blog.
So what is an Award?
In London’s bustling neighbourhoods and in surrounding areas, where properties are often adjoined, this document is a useful tool to help avoid falling out, provide a clear framework in the event of damages arising, reduce the risk of inconvenience and damage occurring to your neighbour, agree terms of the works relating to the party wall and protect the interests of both parties. It’s there to protect both you and your neighbour from further disputes and damages, ensuring that the work being done is fair, legal, and respectful of shared boundaries.
The Award itself comprises of three aspects:
- A Schedule of Condition (read more in our Schedule of Condition Blog)
- The written Award, outlining things such as the works, the plans, protection measures, working hours and precautionary measures.
- A Surveyor or 2 dealing with the above – the neighbours do not interact in the drawing of Award.
What benefits are there in having one?
Beyond just fulfilling a legal requirement, having a Party Wall Agreement/Award in place is about peace of mind. It provides a clear framework for how the work should proceed, safeguarding your property and your relationship with your neighbours. It’s about mutual respect and ensuring everyone’s interests are protected.
This agreement spells out the construction details, timings, any necessary protection measures for adjacent properties and any access rights. Details including making good in specific materials to match the neighbours property can be included. Essentially, the what, the when, the how, the who and the where. It means everyone knows what to expect, and there’s a lesser chance of conflicts or misunderstandings arising mid-project.
It also provides clearance for the Building Owner to commence works and a Surveyor(s) to be in place in the event a dispute arises. Think of it as having a referee just that there aren’t any red cards being handed out!
It is important to note though, that only works controllable under the Act can be included and controlled by an Award.
Can it be done without a Surveyor?
You can draft a Party Wall Notice yourself but you can’t write a Party Wall Agreement/Award up yourself as the Act requires that a surveyor is not an owner and ideally a surveyor should not be a relation of an owner to avoid conflicts of interest. However, it’s essential to be aware of the specific legalities and technicalities involved to avoid any future complications.
For notices to be valid, you must have all aspects of the notice written in compliance with the Act. We provide free notices for those that take up our free 15 minute consultation to understand your project and provide you with information on the requirements of the Act. There are free templates available from the Government’s website here, though you do need to be prepared to read everything through so have a cup of your favourite brew on hand.
A word of warning – going it alone can be risky. Missing out on a crucial detail or failing to meet legal requirements could lead to project delays, legal disputes and strained neighbour relations – the very issues this agreement is meant to prevent so it might just be worth taking up our free offer instead! Early discussions with your neighbour(s) can also help.
Benefits of Having a Surveyor Do It
Hiring a surveyor to handle your Party Wall Agreement brings a wealth of expertise. They are well-versed in the legal and technical nuances of these agreements and can ensure that everything is in order, from compliance with the law to addressing specific structural concerns, as well as keeping matters neighbourly.
With a professional surveyor, the process becomes smoother and more reliable. They can foresee and address potential issues, guide you through complex situations, and ultimately save you time and stress. Their involvement is your assurance of a job well done.
At Mosaic Party Walls, our team of experts have a deep understanding of the Party Wall Act and have successfully managed countless party wall matters and are full members of the Faculty of Party Wall Surveyors. We pride ourselves on our professionalism, attention to detail, and commitment to delivering results that exceed our clients’ expectations. Our Surveyors bring past experience of working as Building Control Surveyors and within Planning departments which we draw on in our advice which is something we feel is unique to us.
How long is an Award valid for?
A Party Wall Agreement/Award is generally valid for 1 year from the date of signing. This means you need to time it well so that it’s not too far off your work commencing. Otherwise you will need another one and in most cases some form of cost associated with it. A schedule of condition, if carried out, would also need to be done again as the condition of the neighbour’s property may have changed.
Conclusion
Understanding the ins and outs of a Party Wall Agreement is crucial for anyone undertaking a home extension or loft conversion in London. It’s not just about following the law; it’s about ensuring a smooth and harmonious construction process.
If you’re feeling unsure or overwhelmed, don’t hesitate to seek professional advice. Our team is always ready to assist you with your Party Wall Agreement needs, ensuring your home improvement journey is as seamless as possible. Feel free to contact us for more information or guidance.
