Build over Agreement and Party Wall

Build Over Agreement

If there’s pipework near where you’re planning to build, it could affect the design of the building. As well as checking with the local authority’s Building Regulations, it’s important you work with the local water authorities to make sure the pipework is protected and their access to it isn’t restricted.

A build over agreement is a legal document put in place to protect the public sewer or main drain you are intending to carry out work over, or very close to. It gives assurance to your local water authorities that they will be able to access the pipe if they need to clean or repair it.

Buildover agreements are put in place to protect the interests of both the property owner and the utility company. They typically include details such as the location of the proposed development, the type of infrastructure that will be installed, and the terms of access to the land for the utility company.

It is important to note that a buildover agreement does not replace the need for planning permission or building regulations approval. A planning permission and building regulations approval must be obtained before any work can begin. Buildover agreements are typically part of the process for planning permission and are required by the utility companies to ensure their infrastructure remains safe and undisturbed.

We will produce a design package detailing the relocation of the manhole, bridging details, and drainage redesign. This can then be submitted to the local water authority for approval.

Party Wall Agreement

A party wall agreement is a legal agreement between the owners of adjacent properties that sets out the rights and responsibilities of each party in relation to building work that will take place on or near a shared wall or structure (known as a “party wall”). This type of agreement is typically required when planning to carry out work such as an extension, loft conversion or excavation that affects a party wall or shared structure.

The Party Wall etc. Act 1996 in the UK sets out the legal framework for party wall agreements. The act requires that property owners give notice to their neighbors of any proposed building work that will affect a party wall or shared structure, and allows for the appointment of a surveyor to act as an independent expert to resolve any disputes that may arise.

A party wall agreement typically includes details such as the scope of the proposed building work, the rights of access to the property for the building contractor, and any restrictions on the use of the property during the construction period. It also includes information on the cost-sharing arrangements between the two parties.

It is important to note that a party wall agreement is separate from planning permission and building regulations approval. A party wall agreement is specific to the shared wall or structure and is a legal agreement between the parties to ensure that the work is carried out safely and with minimal disruption to the neighbors.

Party Wall Notice 

A party wall notice is a formal written notice that is served to the owners of adjacent properties when planning to carry out building work that will affect a shared wall or structure (known as a “party wall”).

A party wall notice typically includes details such as:

  • The scope of the proposed building work
  • The rights of access to the property for the building contractor
  • Any restrictions on the use of the property during the construction period

The notice also sets out a timeframe within which the adjacent property owner can respond to the notice, typically 14 days. If the adjacent property owner does not respond or objects to the proposed work, the property owner proposing the work can appoint a surveyor to act as an independent expert to resolve any disputes that may arise.

You may need a Party Wall Notice (PWN) to be prepared for you depending on your project. On most projects, especially in properties in London, you will need a PWN. Our experienced team can help prepare and advise you on what needs to be done during your project journey.