PARTY WALL AGREEMENTS
IMPORTANT – T & D Group advises that it is the responsibility of the Building Owner to ensure that Party Wall agreements are made where required with neighbouring property owners. T & D Group accepts no liability for our clients failing to take appropriate action to ensure party wall agreements are in place, and any associated costs of failing to adhere to the Party Wall etc. Act 1996 shall be of no consequence nor liability to T & D Group.
It is a legal requirement for a building owner to server notice under the Party Wall etc. Act 1996 to ensure all relevant party wall notices / party wall awards are in place prior to commencement of any building work with minimum 1 month notice, where;
- A new wall is being erected to a boundary (Section 1) – 1 Months’ notice required.
- All works to a party wall (Section 3) – 2 Months’ notice required.
- Any excavations within 3m of a structure that goes deeper than the existing structures foundations (Section 6) – 1 Months’ notice required.
A party wall is defined as;
- Party wall type A – wall that straddles the boundary
- Party wall type B – wall that sits up to the boundary but is then enclosed by the neighbour
A separating feature in flats is the party structure (i.e., walls, floor, ceiling etc). The respective building owners are owners of this structure in common (i.e., it is owned by both)
If works commence and no notice has been issued, then any damage on the neighbour’s side that can be tangibly associated to the works (i.e., you can argue it has been caused by it) must be covered by the party that has completed the work without notice. T & D once again confirms that the building owner is the party deemed to be completing the work, and T & D Group accepts no liability whatsoever for our client’s failure to secure a party wall agreement in accordance with the Party Wall etc. Act 1996.
It is the responsibility of the client to advise T & D Group on the conservation status of any building work being tendered for or undertaken, in order to comply with the Planning & Country Act; to ensure the relevant listed grade / conservation requirements of the building have been approved by the Local Authority prior to any works being undertaken. If T & D are not advised at tender stage regarding listed or conservation building status it is assumed that listed building consent is not required to undertake the intended works. Furthermore, planning may be required even if the building is not listed and it is the responsibility of the client if a retrospective application is required to cover all costs incurred, unless expressly allowed for within T & D’s quotation.
The client must also obtain Landlords Consent under planning or where works are taking place even to lease properties and is not covered within any T&D quote.
The Building Regulations 2010 help ensure that new buildings, conversions, renovations and extensions (domestic or commercial) are going to be safe, healthy and high performing. Detailed regulations cover specific topics including structural integrity, fire protection, accessibility, energy performance, acoustic performance, protection against falls, electrical and gas safety.
They also lay standards for drains, ventilation, protection against the ingress of water and protection against contamination including methane and radon gas. The building regulations are defined by the English / Scotland and Welsh Governments (different in each).
It is the responsibility of the client to ensure that all works undertaken are compliant with the Building Regulations 2010, relevant to the appropriate governing body. This may mandate the appointment of a building control inspector / building regulations application to assess the works. Unless expressly allowed for within our tender, T & D Group confirm that no allowances are made for attainment of any form of building regulations approval. Any costs that may arise should building regulations approval be deemed required at any point during the project, shall be borne by the client in full. T & D accept no liability for programme delays or associated costs with failing to make proper allowances for Building Regulations approval.
All quotations are valid for a maximum period of 90 days only. T & D reserves the right within this period to adjust material & labour costs in line with market rates prior to accepting any purchase order.
All quotations supplied are subject to our standard trading terms and conditions, and any agreement by purchase order to proceed with works as per our quotation also constitutes your agreement to engage our Terms and Conditions as overriding contract terms to all other Terms and Conditions.
T & D Group advises that as a commercial client, under CDM regulations 2015 you must:
- make suitable arrangements for managing their project, enabling those carrying it out to manage health and safety risks in a proportionate way. These arrangements include:
- appointing the contractors and designers to the project (including the principal designer and principal contractor on projects involving more than one contractor) while making sure they have the skills, knowledge, experience and organisational capability
- allowing sufficient time and resources for each stage of the project
- making sure that any principal designer and principal contractor appointed carry out their duties in managing the project
- making sure suitable welfare facilities are provided for the duration of the construction work
- maintain and review the management arrangements for the duration of the project
- provide pre-construction information to every designer and contractor either bidding for the work or already appointed to the project
- ensure that the principal contractor or contractor (for single contractor projects) prepares a construction phase plan before that phase begins
- ensure that the principal designer prepares a health and safety file for the project and that it is revised as necessary and made available to anyone who needs it for subsequent work at the site
For notifiable projects (where planned construction work will last longer than 30 working days and involves more than 20 workers at any one time; or where the work exceeds 500 individual worker days), commercial clients must:
- notify HSE in writing with details of the project
- ensure a copy of the notification is displayed in the construction site office