Homeowners will require a Party Wall Agreement when planning to make any changes along the boundary line between two properties, which include works to an existing party wall, fence or structure. Excavations close to a neighbour’s property are also covered under the Act.
While your neighbour is not legally obligated to get a Party Wall Agreement, they are bypassing their statutory duty.
It’s highly recommended that you not proceed with any building work without one, as it’s an essential part of legalisation to protect all parties involved.
For example, if your neighbour begins work, and you claim that there has been damage to your property.
As a result, the neighbour has no proof or details that would have been outlined in the report to deny responsibility.
A Party Wall Agreement will be required if you plan to carry out any work on or near the party wall, including excavations with 3-6m of adjoining property. Common reasons for Party Wall Agreements include loft conversions, inserting damp proof courses and digging foundations for a property extension.
Any work that includes digging excavations within three to six metres of a neighbour’s property will require a written Agreement outlining who is responsible for paying the costs involved and how work will proceed.
Not proceeding with a Party Wall Agreement can mean the party is responsible for all damages, even pre-existing ones.
Situations where you’ll need a Party Wall Agreement
If you want to avoid a Party Wall Agreement, you might be pleased to know that not all works require an Agreement to be drawn up.
For example, you can do minor works and renovations to your property, like drilling internal walls to fit kitchen units or shelving, plastering the walls or replacing electrical wiring or sockets.
Any work to shared walls between semi-detached and terraced properties.
Work to any shared ‘party structures’ like floors between flats.
Improvements or changes to garden boundary walls.
Excavation works within 3-6m or that underpin the party wall.
Loft conversions that require the cutting of a party wall.
Altering the party walls to make them thicker or higher.
Building a second-storey extension above the shared wall.
Building a new wall up to off the party wall.
Inserting a damp proof course within a party wall.
Do I have to pay for my neighbour’s party wall?
Typically, if a shared wall needs fixing and impacts both neighbours, it’s reasonable to expect both parties to be liable for the cost of the repairs.
The Party Wall Agreement, overseen by a Party Wall Surveyor, will outline each party’s responsibilities and costs.
The exception here is that if one neighbour is making home improvements to their property and has damaged the Party Wall, they will be responsible for the repairs. Again, this is often outlined within an Agreement.
