If you are a freeholder or leaseholder in the UK and are planning to carry out renovations or maintenance work on a shared wall with your neighbour, you may need to enter into a party wall agreement. This is a legal agreement that outlines the rights and responsibilities of both parties and ensures that the work is carried out safely and without causing damage to the adjoining property.

A party wall is a wall that separates two buildings and is owned by both parties. It can be a load-bearing wall or a party fence wall, which is typically a boundary line with a fence on top of it. Examples of party walls include walls between semi-detached or terraced houses, or walls that divide a flat or apartment from its neighbouring property.

Under the Party Wall etc. Act 1996, if you plan to carry out work on a party wall, you must serve a notice on your neighbour at least two months before starting the work. The notice should include details of the proposed work, its location, and the start date. Your neighbour then has 14 days to respond. If they agree to the works, you can proceed without the need for a party wall agreement. However, if they object or fail to respond, you will need to enter into a party wall agreement.

The party wall agreement will need to be drawn up by a surveyor or party wall specialist and will include details of the proposed work, the schedule, and any necessary safeguards. It will also specify who is responsible for the costs of the agreement.

As a freeholder, you will likely be responsible for the costs of the party wall agreement, but you are entitled to recover a reasonable share of the costs from your leaseholders if the work is required to maintain or repair the building.

It is important to note that failure to comply with the Party Wall etc. Act 1996 can result in disputes and legal action, which can be expensive and time-consuming. By entering into a party wall agreement, you can ensure that the work is carried out to the satisfaction of both parties and avoid any potential disputes.

In conclusion, if you are a freeholder or leaseholder planning to carry out work on a shared wall, it is important to understand your rights and responsibilities under the Party Wall etc. Act 1996. By entering into a party wall agreement, you can ensure that the work is carried out safely and without causing damage to adjoining properties, whilst avoiding any potential legal disputes.