Party Wall may be used in 4 different legal senses
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Party Wall Agreement for very minor works

Section 3 (3) of the Party Wall Act allows a building owner, with the written consent of the adjoining owner, to excercise the rights conferred in Section 2.  Bruce has provided a simple Party Wall Agreement below where he is appointed should a dispute arise.  Bruce is also happy to provide a photographic schedule of conditions.

PARTY WALL ACT AGREEMENT

Between

Building Owner of:   Full Names and Addresses of all Building Owners

Adjoining Owners of : Full Names and Addresses of all Adjoining Owners

On the understanding that the Building Owner wishes to carry out minor works, which are unlikely to cause damage to the Adjoining Owner’s,  as per Section 3 (a) we the Building Owner and Adjoining Owners agree that the Building Owner may proceed with any lawful Party Wall Works, within one year of the date of this agreement, subject to the following:

  • The Building Owner shall serve notices as required by the Party Wall Act
  • The Building Owner shall not proceed with any underpinning or Adjacent excavations below the foundations of the Adjoining Owner.
  • The Building Owner shall work entirely within the curtilage of their own property
  • Prior to the works commencing the Building Owner shall carry out a schedule of condition of the Adjoining Owner’s  property which may be affected by the works and provide a copy to the Adjoining Owners
  • The Building Owner accepts all liability for the works
  • The Building Owner shall make good any damage or provide payment in lieu if the Adjoining Owner’s choose
  • The Building Owner shall execute all works, fees etc at his sole cost
  • The Building Owner shall take all reasonable precautions
  • The Building Owner shall indemnify the Adjoining Owner in respect of injury or loss or life to any person or damage and hold adequate insurance
  • The Building Owner  shall restrict noisy works 8-5 Monday to Friday – no works at weekends, public holidays etc
  • The Building Owner shall execute all works in accordance with Building Regs and comply with all necessary statutes and regulations
  • The Building Owner shall execute works expeditiously
  • The Building Owner shall advise the adjoining owner of  any works which if not executed correctly could damage the Adjoining Owner’s property and provide security for expenses to be held in an escrow account if the Adjoining Owner’s require and not proceed with those works without the agreement of the adjoining owner.
  • Any rights exercised by the Building Owner are subject to the responsibilities listed in the Party Wall Act
  • Both owners agree that should a dispute or disputes arise Bruce Spenser MSc MCIOB shall act as the agreed surveyor and settle that dispute or disputes utilising the Party Wall Act or a Chartered Construction professional (not Member of Faculty of Party Wall Surveyors or Members of other non Chartered organisations) selected by the Local Authority Officer authorised under the Party Wall act so to select.
 
Signed and Dated by all owners
 
 
Party Wall Agreement by Bruce Spenser MSc MCIOB

Party Wall Surveyor serving Thanet and London

Third Surveyor serving England and Wales

Image of Bruce Spenser MSc MCIOB
Bruce Spenser MSc MCIOB