Party Wall Agreements

If you live in a semi-detached or terrace house you share a wall (or walls) with your neighbour – that wall is known as a 'Party Wall'. They usually separate buildings belonging to different owners but could include garden walls built astride a boundary – known as party fence walls. A Party Wall Agreement (technically called an “award”) is the document produced before building work can start on a shared wall or boundary. It will normally be written by two specialist party wall surveyors acting for the respective owners.

Overview

It will usually consist of three parts:

The award itself i.e. a set of guidelines governing how the proposed works should progress

A “schedule of condition” of the adjoining property, often supported by a set of photographs

Drawing(s) showing the details of the proposed works

The award will normally be based upon a draft document, the most popular of which is produced by the RICS, which is then amended according to the details of the specific work. It should clearly state details of the two properties, their owners and their owners' addresses. It should also contain full details of the two surveyors (or agreed surveyor) and the “Third Surveyor” (if an “agreed surveyor” is used there will be no Third Surveyor).

Other items covered include:

Brief details of the proposed works

Working hours; normally 8am to 5.30pm weekdays only of residential work

Assurances regarding the contractor’s public liability insurance

Indemnities by the building owner in favour of the adjoining owner

Access arrangement for the surveyors

A time limit for commencement of the works, usually 12 months

The adjoining owner’s surveyor’s fee Once the award has been agreed between the two surveyors it is “published”. In practical terms this means that a signed and witnessed copy is sent to the two owners by their appointed surveyors. Although there is a 14 day right of appeal if either owner believes the award to have been improperly drawn up the award this is seldom observed.

An additional copy of the award is given to the building owner to be passed on to their contractor.

Legal Basis

The legislation covering EPCs is contained in the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 (as amended by the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2010).

Other Interesting Web Sites

RICS - 'Party Walls' www.rics.org/party-walls

Home Owners Alliance - 'Party Wall Agreements' www.hoa.org.uk

References

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