Party Wall Agreement Tenants: What You Need to Know
If you’re a tenant planning to carry out work on your rented property, there’s a good chance you’ll need to get a Party Wall Agreement (PWA) beforehand. This is a legal agreement between you and your neighbour to ensure that any work that could potentially affect the party wall (the shared boundary between two properties) is carried out safely and doesn’t cause any damage.
Here’s what you need to know about Party Wall Agreement Tenants:
1. What is a Party Wall Agreement?
A Party Wall Agreement is a legal agreement between neighbouring property owners to ensure that any work carried out on the party wall or within close proximity to it, is done so safely and without causing damage. It’s necessary when work is being done that could potentially affect the structural integrity of the party wall or its foundations.
2. Who Needs a Party Wall Agreement?
If you are carrying out work on a property and the work meets the criteria set out in the Party Wall Act 1996, you will need a Party Wall Agreement. According to the Act, the types of work that require a PWA include:
– Building a new wall along the boundary line
– Cutting into an existing party wall
– Removing or demolishing a party wall
– Excavating within 3-6 metres of an adjacent property’s foundations
If you’re a tenant carrying out any of the above works, you need to obtain a PWA from the owner of the neighbouring property.
3. Why is a Party Wall Agreement important for tenants?
As a tenant, you have the right to carry out work on your rented property, but you also have a responsibility to ensure that the work is carried out safely and doesn’t cause any damage to the neighbouring property. A PWA protects you and the owner of the neighbouring property by outlining the work that is going to be done, who will be responsible for carrying out the work, and how any damage will be repaired.
4. How do you obtain a Party Wall Agreement as a tenant?
To obtain a PWA as a tenant, you must first inform your landlord of the proposed works and provide them with all relevant information about the work. Your landlord will then need to serve notice on the owner of the neighbouring property, which gives them the opportunity to agree to the works or dispute them. If they agree, a PWA will be drawn up and signed by both parties.
5. What happens if there are disputes?
If there are disputes about the proposed works, both parties must appoint a Party Wall Surveyor to resolve the issue. The surveyor will assess the proposed works, and come up with a solution that is agreeable to both parties. Any costs associated with the surveyor will be split equally between the two parties.
In conclusion, if you’re planning to carry out work on your rented property that may affect the party wall, it’s important to obtain a Party Wall Agreement from the owner of the neighbouring property. This ensures the work is carried out safely and without causing any damage, protecting both you and your neighbour. If you’re unsure about whether your work requires a PWA, speak with your landlord or a Party Wall Surveyor for guidance.
