Party Wall Agreements: What You Need To Know
What is party wall?
Party wall is the common wall which is shared by two property holders. Party wall should be such that it shares one half the thickness of the other wall.
What is party wall agreement?
Party wall agreement is an agreement which gives clear instructions to tenants and developers who wish to go through some repairs, alterations or improvements to an existing piece of property. This act clearly states that within how much distance they can clearly excavate. This act guides and at the same time gives permission for the construction work to take place. The party wall surveyor is appointed on a statutory basis. This means he can take autonomous decisions. However, he needs to take decisions in such a manner that it does not affect the building decision of the developer.
The time period for which party wall is constructed depends. If there is no reference to any time period, then it means, then the agreement is permanent. If the wall is constructed according to some agreement, it means that the wall exists as long as the agreement is there. If the agreement is declined, then party wall ceases to exist.
Manner in which it is used:
As discussed earlier, party wall is a common wall between two properties. Since, each property holder has a right to the property; he can take easily take decisions regarding the party wall. A party wall should be constructed covering certain deepness or depth. There is a particular distance within which a particular property can be excavated. Until and unless, some agreement has been made in no manner can either of the property holders build a window. Also, he can build a fire place . The fireplace’s lower part should cover the whole part of the adjoining wall and the upper part can cover only half part of the adjoining wall.
The party wall cannot be destroyed without the legal consent of either of the owner. However, if there is some decay, destruction, etc of the wall, then in such a case the owner can remove the party wall.