External wall insulation, also known as EWI is a popular way to improve the energy efficiency of a building. It involves installing insulation material on the outside walls of a property, followed by a protective layer such as rendering or cladding.
This method is becoming increasingly popular among homeowners and landlords due to its ability to reduce energy bills and improve thermal performance. However, opting for EWI installation is not as straightforward as it may seem
Property owners have to be aware of potential legal implications when working on external walls that are shared with adjoining properties. This brings us to the Party Wall Agreement Act.
Party Wall Agreement Act and its relevance to EWI installation
The Party Wall Agreement Act (1996) outlines the legal requirements that have to be met when carrying out work on party walls. The act applies whether you’re constructing a new building close to an existing one or renovating an existing wall shared with your neighbour
When it comes specifically to EWI installation, the act requires that property owners must obtain consent from their adjoining neighbours before starting any work that could potentially affect their property’s structural integrity. In other words if you’re planning on installing external wall insulation on your property’s boundary wall you may need an agreement from your neighbours before proceeding
Requirements and procedures involved in obtaining a Party Wall Agreement
Obtaining a Party Wall Agreement can be a complicated process involving multiple parties including yourself, your neighbour(s) and potentially surveyors or solicitors. It’s essential for property owners to understand what is required of them so they can ensure they comply with all legal obligations while also avoiding any potential disputes with neighbours.
By understanding the steps involved in obtaining a Party Wall Agreement property owners can confidently proceed with their EWI installation project. Additionally, proper communication with neighbours and following legal procedures can help promote amicable relationships and avoid any misunderstandings or conflicts.
What is a Party Wall Agreement?
Before beginning any construction work on a property it is important to understand the legal requirements and obligations involved. One of the most important legal agreements to consider when installing external wall insulation (EWI) is the Party Wall Agreement
A Party Wall Agreement is a legally binding document that outlines the responsibilities and obligations of both property owners when making alterations or carrying out construction work on a shared wall or structure. This agreement aims to prevent disputes between adjoining property owners and promote good communication, so that both parties can make necessary changes without negatively impacting their neighbour’s property.
In simple terms, a Party Wall Agreement is an agreement between two adjoining property owners who share a boundary line. The Party Wall Agreement outlines the rights and responsibilities of each party when one party plans to carry out some sort of work on their portion of the shared structure.
The Act ensures that both parties are informed about any proposed works before they begin, allowing them time to raise objections or ask for changes to be made. This helps avoid disputes later on down the line which could ultimately lead to costly legal battles
Types of walls covered by the Party Wall Act
The Act applies only to certain types of walls that adjoin two properties, including:
- a wall or part thereof that stands on lands belonging to two (or more) different owners;
- a party fence wall
- the boundary walls forming part of buildings.
Note that the definition includes buildings as well as garden walls, so even if you don’t share your house with your neighbour but you have adjoining garage walls or other structures then it may still be covered by this act.
Parties involved in the agreement
The Party Wall Agreement involves two parties, namely the ‘Building Owner’ and the ‘Adjoining Owner.’
- The Building Owner is the person who plans to carry out construction work on their property that could potentially impact a shared wall or structure.
- The Adjoining Owner is the person who owns an adjoining property which shares a wall or structure with that of the Building Owner, which may be affected by proposed construction work.
Both parties must agree to and sign the Party Wall Agreement before any work can begin. The agreement is legally binding and ensures that both parties are aware of each other’s rights and obligations during any construction or modification work.
How does the Party Wall Agreement Act affect EWI installation?
When considering External Wall Insulation (EWI) installation, it is important to understand the requirements and procedures involved in obtaining a Party Wall Agreement. The Party Wall Agreement Act is a legal requirement that applies to any work that may affect the structural integrity of shared walls between two properties including EWI installation
Failure to obtain this agreement can result in costly legal disputes and delays to your project. The Act requires that you serve notice to any adjoining property owners who may be affected by your EWI installation project at least two months before commencing work.
This notice must include a detailed description of the work, including plans and timelines for completion. If in doubt about whether or not you require a Party Wall Agreement, it is best practice to consult with a party wall surveyor who can provide professional advice on the matter.
Requirements for obtaining a Party Wall Agreement when installing EWI
In order to obtain a Party Wall Agreement when installing EWI there are several requirements that must be met:
- You must serve notice on all adjoining property owners at least two months prior to commencing any works.
- The notice must include detailed plans and timelines for completion of the works, as well as information about how the proposed works will affect the shared walls between properties.
- If an adjoining property owner consents in writing within 14 days following receipt of your notice, no further action is required. If they do not respond or object within this timeframe, they are deemed to have dissented from your proposals and you will need to appoint surveyors as set out by the Act.
Notification process for adjoining property owners
The notification process for adjoining property owners can be complicated and involve several steps. Once you have determined that a Party Wall Agreement is required for your EWI installation project, you must serve notice on all adjoining property owners including those who may be located above or below your property.
The notice must include a detailed description of the proposed works, plans and timelines for completion, and how the works will affect any shared walls between properties. The notification should also include information about the Party Wall Agreement Act and how it affects their rights as an adjoining property owner.
If an adjoining property owner consents to your proposed works within 14 days following receipt of your notice, then no further action is required. If they object or do not respond within this timeframe, then they are deemed to have dissented from your proposals and you will need to appoint surveyors as set out by the Act.
Timeframe for responding to notification
Adjoining property owners must respond to the Party Wall Agreement notice within 14 days following receipt of the notice. This timeframe is crucial in determining whether or not you can proceed with your EWI installation project under the terms of a Party Wall Agreement or whether further steps need to be taken in order to resolve any disputes. If an adjoining property owner does not respond or objects within this timeframe, then they are deemed to have dissented from your proposals and surveyors will need to be appointed in accordance with the Act.
Possible objections from adjoining property owners
Adjoining property owners may object to proposed EWI installation works if they believe that their own properties may be negatively impacted by such works. Objections may also arise if there are concerns about potential damage or loss of privacy resulting from EWI installation work taking place. If an objection is raised by an adjoining property owner, then it is important that both parties work together with surveyors to reach a mutually acceptable solution.
This may involve amending the proposed works or agreeing to additional measures to mitigate any potential adverse effects. It is always advisable to consult with a party wall surveyor prior to commencing any EWI installation works in order to ensure that all legal requirements are met and that any potential disputes are resolved in an efficient and timely manner.
What to do when obtaining a Party Wall Agreement for EWI installation
Steps involved in obtaining a Party Wall Agreement
When it comes to obtaining a Party Wall Agreement for EWI installation, there are several steps that must be followed. The first step is to appoint a surveyor who will act on your behalf and serve notice to the adjoining property owners. This surveyor will also work with the surveyor appointed by the adjoining property owner on any issues that may arise during the negotiation process
Once you have appointed your surveyor they will need to serve notice to all relevant parties. This notice should include information about the proposed works, how they may affect the adjoining properties, and any measures that will be taken to mitigate any potential damage.
Appointing a surveyor
Choosing the right surveyor is important when it comes to obtaining a Party Wall Agreement for EWI installation. It is important to find someone who has experience in dealing with party wall matters and who understands the intricacies of EWI installation.
When selecting a surveyor, it is recommended that you choose someone who is a member of a professional body such as The Faculty of Party Wall Surveyors or The Pyramus & Thisbe Club. These organisations have strict membership requirements and their members must adhere to strict codes of conduct.
Negotiating terms with adjoining property owners
Once notice has been served, you will need to negotiate terms with the adjoining property owners. These negotiations can take some time as both parties need to agree on various aspects of the works such as access arrangements, working hours, and measures that will be taken to mitigate any potential damage.
During these negotiations, it is important to remain open-minded and flexible while also being clear about what you require from the agreement. Your appointed surveyor can help facilitate these discussions and ensure that everyone’s interests are taken into account.
Finalising the Party Wall Agreement
Once all parties have agreed on the terms of the Party Wall Agreement, it is time to finalise the document. This will involve ensuring that all the relevant information has been included and that everyone has signed the agreement.
It is important to note that once an agreement has been signed, any changes to the proposed works will require a new agreement to be drafted and signed. Therefore, it is essential that you take your time during this process and ensure that everything is agreed upon before finalising the agreement.
What happens if your neighbour refuses to sign a Party Wall Agreement?
Obtaining a signed Party Wall Agreement is essential for the legal installation of EWI. However, if your neighbour refuses to sign the agreement, you can follow the dispute resolution process outlined in the Party Wall Act. This involves appointing an impartial surveyor who will assess the situation and make an award detailing how the work can proceed.
The surveyor’s decision is legally binding and should be followed by both parties. It’s important to note that disputes can lead to delays and additional costs, so it’s best to try and negotiate with your neighbour beforehand or seek professional advice from a solicitor or surveyor.
Do you need a Party Wall Agreement if only installing insulation on my side of the wall?
Even if you are only installing insulation on your side of the wall, you may still need a Party Wall Agreement depending on several factors such as whether you will be drilling into shared walls or causing any damage during installation. It’s always best to consult with a party wall surveyor who can provide guidance on whether or not an agreement is required
What are your responsibilities as an adjoining property owner?
If you are an adjoining property owner, it’s important that you respond promptly to any notification received from your neighbour regarding their EWI installation plans. You have 14 days from receipt of notice to give consent or dissent in writing. If dissenting, it’s recommended that you appoint your own party wall surveyor who will work alongside your neighbour’s appointed surveyor towards reaching an agreement
It’s worth noting that as an adjoining owner, you have certain rights under the Party Wall Act such as being entitled to receive compensation for any damages caused by the EWI installation process. Make sure to discuss any concerns or questions you may have with your neighbour and their surveyor.
Considerations to Party Wall Act other than the External Wall Insulation
External Wall Insulation (EWI) projects may fall under the jurisdiction of the Party Wall Act if the work involves shared or boundary walls. Here are some other potential issues to consider:
- Boiler Flues: If the flue outlet of a boiler is to be extended due to the added wall thickness, it needs to comply with building regulations and the manufacturer’s instructions. Not only does this maintain the safety and efficiency of the heating system, but it also prevents potential disputes with neighbours about fumes or exhaust. Note that significant modifications to a flue may require additional permissions
- Guttering and Rainwater Pipes: The added thickness of the wall can affect the positioning of gutters and downpipes. If these protrude into a neighbour’s property as a result of the work, it could lead to issues. This might also affect the drainage efficiency, potentially causing water damage or damp problems
- Window sills: The addition of EWI could also affect window sills, potentially altering their projections beyond the property boundary. This could lead to disputes under the Party Wall Act. Also, there might be implications for rainwater runoff and damp issues
- Damp and moisture: A potential risk with EWI is trapping moisture, which could lead to damp issues. This is something that might concern neighbours, especially if there are shared walls.
Final Thoughts
External Wall Insulation (EWI) is a popular choice for property owners looking to improve the energy efficiency of their homes. However, when considering EWI installation, it is important to understand the requirements and procedures involved in obtaining a Party Wall Agreement. The Party Wall Agreement Act is relevant to EWI installation because it provides for the protection of adjoining property owners.
Complying with party wall agreement requirements when installing EWI is crucial because failing to do so can lead to disputes with adjoining property owners. Such disputes can be costly and time-consuming to resolve, therefore it’s worth taking the necessary steps beforehand to avoid them.
Understanding the legal requirements surrounding party wall agreements when installing EWI will ensure that property owners can complete their insulation projects while respecting their neighbours’ rights. Therefore, we encourage all homeowners considering an EWI installation project to familiarise themselves with these requirements before commencing work