If you`re planning to carry out building works that involve your property`s party wall, it`s essential that you obtain the necessary legal consent. Depending on whether your property is a freehold or leasehold, you`ll need to secure a party wall agreement with either your freeholder or leaseholder. In this article, we`ll discuss the differences between the two agreements and the steps you need to take to secure each one.
Firstly, let`s understand what a party wall agreement is. A party wall is a wall that divides two properties, and it`s considered a shared boundary for both parties. A party wall agreement is a legal document that outlines the terms and conditions of any building works that may affect the party wall. It outlines the rights and duties of both parties and ensures that the building works don`t adversely affect the neighbouring property.
Freehold Party Wall Agreement
If your property is freehold, then you`ll need to secure a party wall agreement with your freeholder. A freeholder is the owner of the property and the land on which it stands. It`s essential to note that while you`re the owner of the property, you`re still required to seek the freeholder`s permission before carrying out any building works involving the party wall.
To obtain a party wall agreement with your freeholder, you`ll first need to serve them with a notice. The notice must be in writing and should contain details of the proposed building works, a plan of the works, and the estimated start date. The notice should also include your contact details and a deadline for the freeholder to respond.
Once the freeholder receives the notice, they`ll have 14 days to respond. If they agree to the building works, you can then proceed with the party wall agreement. However, if they disagree, you`ll need to appoint a party wall surveyor to draw up a party wall award.
Leasehold Party Wall Agreement
If your property is leasehold, then you`ll need to secure a party wall agreement with your leaseholder. A leaseholder is a person who has taken out a leasehold agreement on the property, which usually lasts for a set number of years. It`s essential to note that while the leaseholder isn`t the owner of the property, they still have a right to be informed about any building works involving the party wall.
To obtain a party wall agreement with your leaseholder, you`ll first need to serve them with a notice. The notice must be in writing and should contain details of the proposed building works, a plan of the works, and the estimated start date. The notice should also include your contact details and a deadline for the leaseholder to respond.
Once the leaseholder receives the notice, they`ll have 14 days to respond. If they agree to the building works, you can then proceed with the party wall agreement. However, if they disagree, you`ll need to appoint a party wall surveyor to draw up a party wall award.
Conclusion
Whether your property is freehold or leasehold, securing a party wall agreement is vital if you`re planning to carry out building works involving the party wall. By following the necessary steps and obtaining the agreement, you can ensure that your building works don`t adversely affect the neighbouring property, and you can carry out the works legally without any issue.