If you are planning any kind of construction or renovation work that involves a shared wall between your property and your neighbor’s, it is necessary to have a party wall agreement. This is a binding legal document that details the rights and obligations of both parties when it comes to the work being done. But who is responsible for preparing this agreement? Let’s take a closer look.

According to the Party Wall Act of 1996, either the building owner or the adjoining owner can initiate the process of preparing a party wall agreement. In most cases, it is the building owner who takes the first step, since they are the ones who are planning to do the work. The agreement must be in writing and should be prepared by a qualified party wall surveyor, who is usually appointed by the building owner.

The surveyor will assess the proposed works and determine what kind of agreement is needed. There are three types of party wall agreements: a party wall award, a notice of dissent, and a counter notice. The surveyor will decide which one is appropriate based on the type and scope of the work being done, and will prepare the necessary documentation accordingly.

Once the party wall agreement has been prepared, it must be served to the adjoining owner, who has 14 days to respond. If they agree to the terms, the agreement is signed by both parties and becomes legally binding. If they disagree, a dispute resolution process is initiated, which may involve appointing a third surveyor to help resolve the issue.

It’s important to note that the cost of preparing a party wall agreement is usually borne by the building owner. This includes the cost of hiring the surveyor and any associated fees. However, the adjoining owner may also need to hire their own surveyor if they wish to dispute the terms of the agreement.

In summary, the responsibility for preparing a party wall agreement lies with the building owner, who should appoint a qualified party wall surveyor to assist with the process. The agreement must be in writing and should be served to the adjoining owner, who has the opportunity to agree or disagree with the proposed works. If you are planning any kind of construction or renovation work that involves a shared wall, it’s important to familiarize yourself with the requirements of the Party Wall Act and seek the advice of a professional surveyor to ensure compliance.