PARTY WALL AGREEMENT

Transcription

1 PARTY WALL AGREEMENT PARTY WALL ETC. ACT 1996 ("PARTY WALL ACT") BETWEEN Carole Dighton AND Miss Annette Costello

2 THE PARTIES Carole Dighton of 31 Redmayne Drive, Chelmsford, Essex, CM2 9XF ("the building owner") proposes to undertake works that are subject to the Party Wall etc. Act 1996 at 31 Redmayne Drive, Chelmsford, Essex, CM2 9XF ("the site"). Miss Annette Costello of 33 Redmayne Drive, Chelmsford, Essex, CM2 9XF ("the adjoining owner") owns 33 Redmayne Drive, Chelmsford, Essex, CM2 9XF which is adjacent to the site. THE WORKS The building owner wishes to undertake the following work ("the work") to their property: The excavation and backfilling of deep concrete foundations within 3 meters of the Adjoining Owner's property The building owner has the right to undertake the above work pursuant to section 6(1) of the Party Wall Act. The work is regulated by the Party Wall Act and is the subject of this agreement. A copy of the plans and drawings for the work is attached to this agreement. It is not proposed to underpin or otherwise strengthen the foundations of your property during the works. It is agreed that the work will be undertaken at the sole expense, design and liability of the building owner. The building owner proposes to start the work on 12 October 2012 or sooner if the adjoining owner indicates their agreement to an earlier start date. This agreement gives the building owner the right to start the work at any time within the next twelve (12) months. This agreement does not impose any obligation for the building owner to start the work.

3 PERMISSION The building owner agrees to ensure that the work is carried out in accordance with any planning permission or other conditions imposed by the local authority. The work will comply with the most recent relevant Building Regulations Approved Documents in all respects and will be checked by a building control officer or independent certifying officer throughout. The work will be carried out safely and in accordance with all relevant health and safety legislation, including the most recent relevant Approved Codes of Practice produced by the Health and Safety Executive. In addition to the above, the building owner agrees to ensure that the work will be executed in a proper and workman-like manner, in sound and suitable materials, and in accordance with all of the terms of this agreement. PROFESSIONAL ADVICE The building owner agrees to engage a competent and suitably qualified engineer to design and/or review any aspect of the work that may affect the structural integrity of the adjoining owner's buildings. CONTRACTORS The building owner agrees to inform the adjoining owner of the name and emergency contact details of any contractor employed to undertake the work. The building owner agrees to provide the adjoining owner with a copy of the contractor's valid 'all risk' public liability insurance, which must be valid for the duration of the works, adequate and suitable for the type of work proposed. The insurance should provide cover of not less than two million pounds ( 2,000,000) for each claim. WORKING HOURS It is agreed that all work will be restricted to between the hours of 0800 and 1730 on Monday to Friday with no work taking place at weekends or public holidays. Any particular noisy or disruptive work will be further restricted to between the hours of 0930 and 1630 during the normal working day. Wherever possible, the adjoining owner will be notified at least one full day in advance of any particularly noisy or disruptive work. Once the work has been started, the building owner agrees to ensure that such work is carried through with proper expedition, is conducted lawfully in all respects, and is not conducted in a manner as would cause any unfair inconvenience to the adjoining owner.

4 ACCESS The adjoining owner agrees to allow the building owner's contractor and professional advisors access to their property during normal working hours for the purpose of carrying out and supervising the work. Normally, the building owner will be required to give the adjoining owner at least three (3) full days notice before allowing his contractor or advisors to access the adjoining owner's property. If there is a genuine emergency situation that requires the building owner's contractor or advisors to access the adjoining owner's property sooner than the above notice period then the building owner will only be required to give notice if it is reasonably practical to do so in the circumstances. PROTECTION The building owner agrees to take all reasonable steps to protect the adjoining owner's property from damage whilst the work is being carried out.

5 CLEANING So far as is possible, the adjoining owner's property will be kept clear of any builder's rubbish, dust, and debris whilst the work is being carried out. The building owner agrees to remove any rubbish, dust, and debris that fall onto the adjoining owner's property within one working day of the adjoining owner asking for it to be removed. INDEMNITY The building owner agrees to indemnify the adjoining owners from liability in respect of any injury or loss of life to any person or damage to property caused by, or in consequence of, the execution of the work. The building owner also agrees to hold the adjoining owner free from liability in respect of the costs of making any justified claims, and indemnifies the adjoining owner against all costs, claims or proceedings in connection with the work. DAMAGE Any damage occasioned to the adjoining owner's premises as a result of the work will be made good by the building owner within ten (10) working days of the adjoining owner notifying the building owner of the damage. In the event of damage arising, the building owner will be obliged, as far as reasonably possible, to return the relevant area of the adjoining owner's property to its condition prior to the date work commenced. Any making good to repair damage will be carried out to the fair and reasonable satisfaction of the adjoining owner.

6 SECURITY The building owner agrees to take all reasonable precautions to prevent unauthorised access onto the adjoining owner's property from the building owner's property. In particular, any ladders used to access the scaffolding or generally whilst the work is being carried out will be secured away from view at the end of each day. The building owner will also ensure that access to their property from any public highway or footway is secured at the end of each working day. BOUNDARIES It is agreed that this document does not constitute an agreement on the position of the boundary between the two properties. For the purpose of the Party Wall Act the line of junction between the two properties will be taken to be the midpoint of the party structure between the two properties. In the absence of a party structure, the line of junction will be the midpoint of any fence existing between the two properties. EASEMENTS It is agreed that nothing in this document shall be taken to confer, admit, or affect any right to light or air or any other easement whatsoever. VALIDITY This agreement is valid for a period of twelve (12) months from the date of signature. If the work has not been started during this period then this agreement shall be null and void unless both parties agree in writing to an extension of this period. DISPUTE Any dispute under this agreement shall be resolved by party wall surveyors in accordance with section 10 of the Party Wall Act. In the event of the two parties not being able to reach an agreement, one party should appoint a party wall surveyor in writing in accordance with section 10(1) of the Party Wall Act and call upon the other party to either consent to using a single agreed surveyor to resolve the dispute or to appoint their own party wall surveyor. Any fees arising from the use of this dispute resolution procedure shall be paid by such of the parties, and in such proportions, as the appointed surveyor or surveyors decide is fair and reasonable in the circumstances.

7 SEVERABILITY If any provision of this agreement is held to be invalid or unenforceable by any judicial or other competent authority, all other provisions of this agreement will remain in full force and effect and will not in any way be impaired or prejudiced. INTELLECTUAL PROPERTY NOTICE The intellectual property rights of this document belong to Vincent-Brown & Associated Ltd ("the company"). The company's rights are protected by copyright laws and treaties around the world. All such rights are reserved. The building owner is hereby granted permission to print two (2) copies of this document: one is to be retained by the building owner and the other is to be retained by the adjoining owner. The copies may not be distributed, transmitted, or communicated in any other way to third parties without the prior written consent of the company. Other than the above two (2) copies, no further copies of this document may be produced without the prior written permission of the company. This document may not be altered in any way and may only be used in its entirety (including this notice). Permission is only granted to print this document for non-commercial purposes. No commercial use of this document is permitted. Other than the limited licence to print this document granted to the building owner above, this document shall not be reproduced, republished, distributed, transmitted, displayed, broadcast or otherwise exploited in any manner without the express prior written permission of the company. It is strictly prohibited to commercialise or otherwise copy (in the course of business) this document without written permission from the company. Distribution and reselling this document is strictly prohibited.

8 DECLARATION I have read and fully understood the whole of this document. I am authorised to sign this deed on behalf of any other parties who have an interest in my property.... [day] of... [month] in the year... [year] SIGNED as a DEED and ) DULY DELIVERED ) in the presence of: ) x... Building Owner Witness' signature:... Witness' name:... Witness' address: Witness' occupation:... SIGNED as a DEED and ) DULY DELIVERED ) in the presence of: ) x... Adjoining Owner Witness' signature:... Witness' name:... Witness' address: Witness' occupation:...