If you`re planning on undertaking building work on a property in Australia, it`s important to be aware of the Party Wall Agreement. This agreement is a legal requirement that must be adhered to when undertaking certain types of building work, and failure to comply with it can result in legal action.
So, what is a Party Wall Agreement in Australia?
A Party Wall Agreement is a legal document that is signed by neighbours who share a boundary wall or fence. It establishes the rights and responsibilities of both parties with regards to building work that will affect the shared structure.
When is a Party Wall Agreement required?
A Party Wall Agreement is required if building work will affect any part of a shared wall, fence or structure that separates two properties. This includes work such as building a new wall, extending or altering an existing wall, or carrying out any excavation work near a shared wall.
Why is a Party Wall Agreement important?
A Party Wall Agreement ensures that both parties are aware of their rights and responsibilities with regards to any building work that will affect a shared structure. It helps to prevent disputes between neighbours and ensures that any necessary repairs are carried out in a timely and cost-effective manner.
How do you obtain a Party Wall Agreement?
If you`re planning on undertaking building work that will affect a shared structure, you must serve notice to your neighbour. This notice must include the details of the proposed work, the date it will begin and the duration of the work. Your neighbour will then have the opportunity to respond, and if they agree to the proposed work, a Party Wall Agreement will be signed.
If your neighbour does not agree to the proposed work, you may need to engage a surveyor to prepare a Party Wall Award. This is a legally binding agreement that sets out the details of the proposed work and the responsibilities of both parties.
In summary, if you`re planning on undertaking building work that affects a shared structure, it`s important to be aware of the Party Wall Agreement in Australia. It ensures that both parties are aware of their rights and responsibilities, and helps to prevent disputes between neighbours. Always seek professional advice to ensure that you comply with the legal requirements and avoid any potential legal action.