However, often such adjoining owners want more protection than this and a party wall agreement is one way to provide this. We would be pleased to prepare a party wall agreement for both the building owner (the owner carrying out the notifiable building works) and the adjoining owner (the owner of the land normally beside the building owner's land) to sign. Each owner would be given a copy.
The party wall agreement would include the following sections:-
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An introduction explaining who the owners are, what the works consist of, when the notice was served and the adjoining owner's formal consent.
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The building owner's insurance details.
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An explanation of the procedures to be followed if there is damage to the adjoining owner's property which can be attributed to the building owner's works.
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The party wall agreement can be extended to include other sections and documents by agreement between the building owner and the adjoining owner.
We would normally expect the building owner to pay our professional fees to prepare the party wall agreement and the schedule of condition but, in some instances, the adjoining owner wants to pay half of our fees so they feel that they have a contractual link to us. In any event we will act in exactly the same way as if we had been appointed as a party wall surveyor under the Party Wall Act.
