A party wall agreement is a legal document setting out the rights and obligations of the owners of adjoining properties that share a common boundary, such as a wall, fence or floor. This agreement is usually required when one of the owners wants to carry out works affecting the party wall, such as building an extension, installing a loft conversion or repairing a chimney.
Why a Party Wall Agreement?
A party wall agreement is intended to prevent disputes and protect the interests of both parties. Typically, it stipulates details such as:
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Nature and scope of the proposed works
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Start and finish dates of the works
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Number of hours work the project would require and noise levels
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The access arrangements for the contractors
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Measures to protect the adjoining property from damage
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Compensation for any damage caused by the proposed works
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Dispute resolution process in case of any disagreement
But what happens if either owner sells their property or transfers their interest to someone else? Can a party wall agreement be transferred to the new occupier? The answer is yes, but there are some important points to consider.
Considerations For a Party Wall Agreement Transfer
1. A party wall agreement is binding on the owners of the properties and not on the properties themselves. What does this mean?
A party wall agreement does not automatically transfer to the buyer once the owners sell their property. As Hamilton Darcey suggests if a party wall agreement is in place, it is due upon the seller to inform the buyer of the existence and terms of the party wall agreement and ensure that they agree to abide by it. They must also provide the buyer with a copy of the agreement and any relevant correspondence or notices.
2. A party wall agreement can be transferred to a new owner or occupier by mutual consent.
This can be done by signing a deed of assignment, which transfers the rights and obligations under the agreement from one party to another. Alternatively, the new owner and neighbour can enter a new party wall agreement that replaces the original one.
3. A party wall agreement can be transferred by operation of law in certain circumstances.
For example, if either property owner dies, their interest in the property and the party wall agreement passes to their heirs or beneficiaries. Similarly, if one of the owners becomes bankrupt, their interest in the property and the party wall agreement passes to their trustee in bankruptcy. In these cases, the other party should be notified of the change and allowed to object or consent.
NB: When transferring a party wall agreement, it is advisable you seek the expertise of a party wall surveyor who can provide impartial advice on party wall matters, mediate between parties involved, and prepare required documentation, such as a deed of assignment or new party wall agreement. Do you live in or around Wimbledon, London? Simmons Taylor Hall is a party wall surveyor Wimbledon residents have trusted for over three decades for their sterling advisor roles in party wall agreements and other architectural works.
In Conclusion
Party wall agreements can be transferred to a new property owner; however, the procedure is not automatic. There should be clear communication between parties and assurances that they are aware of their rights and obligations under the agreement.