Party Wall Agreement Template for Chimney Breast Removal
Chimney breasts are common elements in many buildings, and their removal can be necessary for several reasons. If you are planning to remove a chimney breast, you need to comply with the Party Wall Act of 1996, which requires you to notify your neighbours and obtain their consent. To do this, you need a Party Wall Agreement, which is a legal document that sets out the terms and conditions of the work.
In this article, we will provide you with a Party Wall Agreement template for chimney breast removal, along with some essential information that you need to know to ensure that your project complies with the law and best practices.
What Is a Party Wall Agreement?
A Party Wall Agreement is a legal contract between two or more parties that outlines the rights and responsibilities concerning the work that affects the party wall. In the case of chimney breast removal, the party wall is the shared wall that separates two properties.
Under the Party Wall Act, you are required to serve a notice to your neighbours if your project involves any of the following:
– Demolishing a party wall
– Constructing a new wall on the boundary
– Excavating near a neighbouring building`s foundation
– Removing a chimney breast that is attached to a party wall
Once you serve the notice, your neighbours have the right to give their consent, dissent, or appoint a surveyor to act on their behalf.
The Purpose of a Party Wall Agreement
A Party Wall Agreement is needed to ensure that all parties involved in the project understand their rights and obligations. This legal document provides a framework that regulates the work and sets out the procedures for resolving disputes that may arise during the project.
The Party Wall Agreement Template
The following is a template that you can use for your Party Wall Agreement for chimney breast removal:
Party Wall Agreement
[Name of owner and address] [Name of neighbour and address]1. Introduction
This agreement is made on [date] between [owner] and [neighbour], owners of the adjoining properties situated at [address], with regards to the proposed work of removing a chimney breast that is attached to the party wall.
2. Definitions
In this agreement, the following terms shall have the meaning given to them:
a) “Proposed work” refers to the removal of the chimney breast that is attached to the party wall.
b) “Party wall” refers to the wall that separates the properties of the owner and neighbour.
c) “The Act” refers to the Party Wall etc. Act 1996.
3. Obligations of the Owner
The owner agrees to:
a) Serve a notice to the neighbour in compliance with the Act.
b) Pay for the costs of the surveyor appointed by the neighbour.
c) Carry out the proposed work in compliance with the relevant regulations and in a professional manner.
d) Repair and make good any damage caused to the party wall or adjoining property during the proposed work.
4. Obligations of the Neighbour
The neighbour agrees to:
a) Give consent to the proposed work as set out in this agreement.
b) Appoint a surveyor to act on their behalf if they do not give their consent.
c) Inform the owner of any pre-existing defects in the party wall.
d) Allow the owner`s contractors access to their property to carry out the proposed work.
5. Procedure for Dispute Resolution
If a dispute arises between the owner and the neighbour concerning the proposed work, the parties shall follow the dispute resolution procedure set out in the Act. The costs of any dispute resolution shall be borne by the party who caused the dispute.
6. Governing Law
This agreement shall be governed by and construed in accordance with the laws of [state/country], and any disputes arising from this agreement shall be subject to the exclusive jurisdiction of the courts of [state/country].
7. Signatures
The owner and neighbour agree to this Party Wall Agreement by signing below.
[Name and signature of owner] [Date] [Name and signature of neighbour] [Date]Conclusion
Removing a chimney breast is a major home improvement project that requires careful planning and execution. A Party Wall Agreement is a crucial legal document that you need to have to ensure that your project complies with the law and is carried out in a professional manner. By using the template provided in this article, you can create your own Party Wall Agreement for chimney breast removal and protect your interests and those of your neighbour.