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When it comes to property ownership, it is essential to be aware of the requirements and legalities surrounding the shared walls between neighboring properties. A party wall agreement is a legal document that outlines the rights and responsibilities of property owners regarding their shared walls. These agreements are typically required before any work can be done on a party wall that could potentially affect its stability or integrity.
In this article, we will focus on the third section of a typical party wall agreement. Section 3 of the party wall agreement outlines the requirements and restrictions regarding the construction or alteration of a party wall shared by two properties. Here are some key points to consider:
1. Notification of Work
Section 3 requires property owners to notify their neighbors in writing of any proposed work that could potentially impact the party wall. This notification should include the nature and extent of the proposed work, the proposed start and end dates, and any other details that may be relevant.
2. Independent Surveyor
If the neighboring property owner disagrees with the proposed work, they have a right to appoint an independent surveyor to review the work and ensure that it will not adversely affect their property. The surveyor will review the proposed work and provide a report outlining any necessary changes to ensure the safety and stability of the party wall.
3. Cost
In most cases, the property owner proposing the work is responsible for covering the costs associated with the party wall agreement, including any fees incurred by the independent surveyor. However, if the proposed work will improve the shared wall in some way, the neighboring property owner may be required to contribute to the costs.
4. Liability
The party wall agreement will specify the liability of each property owner in the event that damage occurs during the work. Generally, the property owner proposing the work is responsible for any damage caused, but the neighboring property owner may be held liable if they do not provide necessary access for the work to be carried out safely.
In conclusion, section 3 of a party wall agreement is a crucial component in ensuring that any work done on a shared wall is carried out safely and with the agreement of all parties involved. As a property owner, it is essential to consult with experts and review all necessary legal documents before starting any work on a party wall. Doing so can help prevent costly disputes and ensure a smooth process for all parties involved.