Property owners may get surveyors to create a party wall agreement for them. They have to have property that is adjoined so that they can do this. It is applicable to two fences or walls or a roof and a ceiling. The agreement has to be made for major changes such as extension or demolition. For small jobs like plastering or electrical wiring it is not so necessary. The major intrusive changes are the ones that need it to be drawn up.
The agreement is also called an award. It can be written up by two independent surveyors for separate fees. Alternatively one unbiased surveyor may be used by all parties so as to cut down on costs. The individual has to be one who is not biased in any way. Also contained is the present condition of the property with photographs attached. The proposal of the changes to be made have to be in drawing too. Other small clauses have to be included too regarding the laws that will be covered when building.
After planning to work on the affected area, a notice has to be issued to all the neighbours who will be affected. All the physical details must be included. The date has to be in the notice too. The person who wants the work done shall be the one who will serve the notices in writing. The parties being served have to respond to it in writing within a period of fourteen days. They may agree or disagree. Any information not included in the notice will be deemed invalid in the future.
In case of any new walls on the boundary the notice has to be served a month prior to it being erected. If the neighbours intend to object they must do it fourteen days to the date that it should be put up. If they do not dispute in writing then there is no objection and the work may continue as long as it ends on the boundary line.
For excavation processes the notices should also be done a month in advance. The people that are affected should do their award in writing a month to the date of excavation. If not then it is assumed to be a dispute. The solving should now begin.
The dispute is settled by hiring surveyors or one surveyor. They will draw the plan that is to be worked on the area of dispute. The party that wants the work to be done is the one who will pay the fee. If one of the other parties calls the surveyor to carry out a job that is seen to be unnecessary then they shall have to pay that fee. After the award is made a party that is still in dispute can appeal to relevant courts.
The work to be done has to follow the agreement to the letter. It has to be stored for the future. This will come in handy for disputes and also when selling the property. There are buyers that will need the award before they purchase any property.
It is a better approach to discuss with neighbours before you serve them with notices. To maintain good ties with them do this first. If you do this it will be good for all of you and you may explain the party wall agreement to them.
You can find details about the reasons why you need to have a party wall agreement and information about the best party wall surveyors on our site, today.