When it comes to property development or renovation, understanding the party wall agreement criteria is of utmost importance. A party wall agreement is a legal document designed to resolve the potential disputes between neighbours when they share a dividing wall or party wall. This document is essential to protect both parties’ rights and property during construction or renovation work.
Here are some critical party wall agreement criteria:
1. Notification: The party who intends to carry out the construction work must inform the neighbouring party in writing before work starts. The note should be in a clear and understandable format, including the type of work, location, expected duration, and the likely impact on the neighbouring property. The notice should be served at least two months before the projected construction begins.
2. Party Wall Surveyor: It is advisable that both parties appoint a qualified party wall surveyor. The parties can appoint the same surveyor to save costs or appoint different surveyors to represent each party`s interests. The surveyor’s role is to carry out a thorough inspection of the properties and prepare the party wall agreement.
3. Party Wall Agreement: Once the surveyor examines the properties, they will draw up a party wall agreement outlining the details of construction work to be carried out and the impact it may have on the neighbouring property. The agreement will also include any necessary measures to prevent damages and a schedule for the work to be carried out.
4. Rights and Responsibilities: The party wall agreement should outline the rights and responsibilities of both parties during the construction work. For instance, the party who intends to carry out the work should be responsible for any damages or expenses caused by the construction work.
5. Dispute Resolution: In case of any dispute between both parties during construction work, the party wall agreement should provide the necessary mechanism for resolving the dispute. These mechanisms may include mediation, arbitration or court proceedings.
In conclusion, the party wall agreement criteria provide the necessary framework for resolving potential disputes when carrying out construction work. Therefore, it is crucial to ensure that all parties involved adhere to all the necessary notifications and procedures to avoid any legal implications. Seek the services of a qualified party wall surveyor to ensure that you comply with all the necessary party wall agreement criteria.