A third-party wall agreement is a legally binding document that outlines the rights and responsibilities of property owners who share a common wall. This type of agreement is particularly relevant when two or more property owners plan on undertaking construction or renovation work that will affect the shared wall.
In the UK, the third party wall agreement is regulated by the Party Wall etc. Act 1996. This act specifies the procedures and requirements for creating a third-party wall agreement. Generally, the agreement includes details about the construction, the timeline, and the parties involved.
The third-party wall agreement must be created and served to all affected parties at least two months before the proposed start date of the construction work. This allows everyone involved time to review the agreement and request any necessary modifications.
The agreement typically includes three sections:
1. Schedule of condition: This is a record of the current state of the wall or structure, including any defects or damage. This section should be created by an independent surveyor to ensure its objectivity.
2. Party wall award: This outlines the approved plans for the construction work and specifies the responsibilities of the parties involved. It also includes the names of the appointed surveyors and their role in overseeing the work.
3. Method statement: This outlines the steps that will be taken to complete the construction work, including the precautions that will be taken to minimize damage to the shared wall and surrounding properties.
It`s important to note that a third-party wall agreement is not required for all construction work. Only work that affects a shared wall or boundary is subject to the Party Wall etc. Act 1996. Additionally, the agreement only applies to properties in England and Wales.
In conclusion, a third-party wall agreement is an important legal document that ensures the rights and responsibilities of property owners who share a common wall. This agreement is regulated by the Party Wall etc. Act 1996, and it includes a schedule of condition, party wall award, and method statement. If you`re planning on undertaking construction work that affects a shared wall or boundary, it`s important to consult with an experienced surveyor and lawyer to ensure compliance with the relevant legal requirements.