Hidden within the excitement of renovating and developing new properties in Essex are building rules and regulations. Something else most people don’t know about is party wall agreements. Like building regulations and planning permits, party wall agreements are a legal requirement.
You cannot wake up one day and decide to build a wall or fence that impacts a neighbour without a party wall agreement. Forgoing one will lead to serious legal issues, and in some severe cases, you may be forced to halt construction until an agreement is reached.
What Exactly Is a Party Wall Agreement?
Think of it as a certificate prepared by professional surveyors. The surveyors must follow the rules stipulated under the Party Wall Act when working on the agreement. However, unlike building regulations and other relevant permits, party wall awards involve specific construction projects.
The first type of situation where the Party Wall Act applies is when building a shared wall or fence to separate your property from your neighbour’s property. You also need an agreement before building a wall or ceiling between flats. The third type of instance occurs when running excavation jobs near your neighbour’s property line.
Why You Shouldn’t Ignore Party Wall Agreements
Understanding party wall agreements in Essex is crucial, especially if you plan to do any of the work listed above. It is a legal requirement, and failing to comply gives your neighbour the power to sue. This means you must pause construction until the matters are sorted, which can take months or even a few years.
Solving disputes is easier if you have your party wall award. What happens if cracks appear on your neighbour’s house during excavations? Without a party wall agreement, things can get messy fast. The agreement stipulates everything, including the scope of work, the condition of the property, and how to resolve any damages amicably via mediation and arbitration.
The Right Approach to Understanding Party Wall Agreements in Essex
- Don’t Second Guess
Always assume you need a party wall agreement if your project involves building a fence, construction affecting shared walls, or excavation near your neighbour’s house. Don’t second guess anything. Hire a professional and let them guide you through the process.
- Serve Notice Early
Serve the notice early — 2 or 3 months before breaking ground, as per the Act. This will give you enough room to negotiate and come to an agreement with your neighbour. The last thing you want is to delay your project start date because of a late notice.
- Consult a Surveyor
Don’t rely on random construction experts for advice on understanding party wall agreements in Essex. Your best bet lies in consulting a certified surveyor from Essex. It is their field of speciality, and they will offer the best assistance.
- Communicate
Being cordial and polite with your neighbours when talking about the plans is crucial. It will make the work of your appointed surveyor easier. In addition, you need these good relations during the course of the project.
Summing up
Understanding party wall agreements in Essex is vital for projects that may touch or affect your neighbour’s property. The Party Wall Act is there to help you and ensure the project flows smoothly.
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