A party wall agreement and award are two essential legal documents that property owners need to know about when planning a construction project. These documents regulate the relationship between neighbouring properties during and after construction.
A party wall agreement is a formal agreement between two or more property owners to undertake construction work affecting one or both properties, in which the wall or structure between the two properties is shared. A party wall agreement specifies the terms and conditions for the construction work, timeline, and other related matters. It is designed to protect the rights of all parties involved and prevent disputes and conflicts that can arise during or after the construction.
A party wall agreement is typically required when a property owner plans to undertake any of the following activities:
– Excavating near a neighbouring property
– Building a new wall or extension that is adjacent to a neighbouring property`s wall
– Carrying out structural alterations that could affect a party wall or boundary line
– Demolishing or rebuilding a party wall
– Inserting damp-proofing or other protective measures.
Once the party wall agreement is entered into, both parties have legal obligations, and construction work may proceed. However, if there is a dispute between the parties, or one party does not follow the terms of the agreement, the matter may need to be resolved by an independent third party called a surveyor.
A party wall award is a decision made by an independent surveyor appointed to resolve a dispute related to a party wall agreement. It typically happens when either party refuses to agree to the terms of the party wall agreement or if damage occurs to one or both properties during construction. The surveyor reviews the facts and evidence presented by both parties and makes a binding decision called a party wall award.
The party wall award outlines the steps needed to make good any damage caused, specifically what repairs need to be carried out, by whom, and when. It also specifies the terms of the agreement and how it will be enforced.
In conclusion, a party wall agreement and award are two essential legal documents that property owners must be aware of when planning construction work. A party wall agreement outlines the terms and conditions for construction work and protects the rights of both parties, while a party wall award is a binding decision made by an independent surveyor to resolve disputes and ensure that any damage is resolved fairly and in accordance with the agreement. By following the requirements of these documents, property owners can avoid disputes and conflicts that can arise during or after construction.