MAKE YOUR FREE Party Wall Agreement For Repairs
What we'll cover
What is a Party Wall Agreement for Repairs?
A Party Wall Agreement for Repairs (or party wall contract) is an agreement between the owners of adjoining properties, which sets out how repairs will be made to walls or other structures (eg pipes or chimneys) shared by the properties. Party Wall Agreements for Repairs clarify when and how repairs will be carried out.
For use in England and Wales only.
When should I use a Party Wall Agreement for Repairs?
Use this Party Wall Agreement template:
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when you need to carry out work (eg repairs) to a wall or structure (eg a chimney or drain) that’s used by two neighbouring properties
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when you and your neighbour have already agreed that the works are necessary and that you’ll share the costs of the works
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if you’re the owner of a property in England or Wales only
Sample Party Wall Agreement For Repairs
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PARTY WALL AGREEMENT
This Agreement is made on the date of the last signature below between:
- of (Party One);
- of (Party Two);
Background
- Party One is the owner of the property known as (First Property).
- Party Two is the owner of the property known as (Second Property).
- The First Property and the Second Property are separated from each other by a party wall (the Party Wall) which will be maintained and repaired at the joint expense of the respective owners. All spouts, fall pipes, sewers, drains, wire conduits, flues chimneys stacks, eaves, troughs in under or upon the First Property and the Second Property used in common for the passing and running of water soil gas electricity smoke and other services will be maintained and repaired at the joint expense of the respective owners.
- fallen into disrepair. Party One and Party Two have agreed that the works to be carried out are set out in the Schedule to this agreement (the Works). The Works will be carried out by Party One and Party Two will contribute to the costs of the repair as set out in this agreement.
IT IS AGREED AND DECLARED as follows:
- Party One will carry out or arrange to be carried out the Works quickly, in a proper and workmanlike manner and will complete the Works on the . This includes work needed to make good and put it in good structural repair and condition, employing professionals where needed.
- Party One has the right for themselves or their agents or workmen to enter the Second Property and to erect scaffolding supports or other temporary structures for the purpose of carrying out the Works but so far as possible the said Works will be carried out from the First Property.
- Party Two will permit Party One, their agents or workmen to enter the Second Property to carry out any work in the fulfilment of this Agreement.
- During the Works being carried out, Party One will cause as little inconvenience and disturbance as possible to Party Two and will protect and keep secure the Second Property and make good any damage caused to the Second Property.
- Party One will dispose of all rubbish and materials during the Works and will remove all scaffolding supports or other temporary structures after the Works have been completed leaving the Second Property in a good clean and tidy condition.
- Party Two will contribute towards one half of the costs incurred by Party One to carry out the Works and any extra work, including the cost of effecting any necessary insurance, (but not including the cost of making good any decoration to the First Property) of the costs to be paid to Party One within one month of Party One providing an invoice to Party Two.
- Party Two is responsible for making good at their own cost any damage to the decoration of the Second Property from the Works being carried out.
- Party One will indemnify Party Two in respect of any claims or demands arising from the Works and shall take out and maintain adequate insurance whilst the Works are carried out.
- This Agreement is the entire agreement between the parties and is in place of any previous agreement, whether oral or in writing. The parties agree that no amendment to the Agreement will be binding upon the parties unless it is in writing and signed by both parties. Any dispute arising under this agreement (which cannot be resolved by the parties) will be referred to a single arbitrator who will be nominated if the parties do not agree by the President for the time being of the Royal Institution of Chartered Surveyors.
The parties have signed this Agreement on the date(s) below:
| _________________________________ | _________________________________ |
| _________________________________ | _________________________________ |
Schedule - The Works
About Party Wall Agreements for Repairs
Learn more about making your Party Wall Agreement for Repairs
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How to make a Party Wall Agreement for Repairs
Making your Party Wall Agreement for Repairs online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all the information about the properties and the works prepared in advance, creating your document is a quick and easy process.
You’ll need the following information:
Party details
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What are the property owners’ details? You’ll need the name and address of the owner who is carrying out (or arranging) the works and of the party who is agreeing to and contributing financially towards the works.
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Note that the address provided should be the address of the neighbouring property, even if the owner does not currently live in it (eg if it’s rented to tenants).
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The properties and party walls
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Is there a plan of the property? If so, this should be attached as Schedule 2 and it should highlight the relevant party wall in red.
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Which part of the property needs repairs or works? This may be a party wall or other parts of the property - see the FAQ ‘What is a party wall?’ for more information.
The works
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What repairs or works are to be done?
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When is the work expected to be completed by?
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Common terms in a Party Wall Agreement for Repairs
Party Wall Agreements for Repairs set out the works that will be undertaken and on what terms, to avoid confusion and disputes. To do this, this Party Wall Agreement for Repairs template includes sections covering:
The parties
The first section, beginning ‘This Agreement is made on…’, clearly identifies the parties to the contract (ie the two property owners) and their neighbouring properties.
Background
This section starts by clarifying that the parties are the owners (ie not just tenants) of the relevant properties. It then identifies the party wall(s) that the two properties share, with reference to the property plans, if such have been attached.
It sets out the parties’ obligation to repair and maintain the party walls and certain other structures (eg spouts, pipes, drains, chimneys, and eaves) at their joint expense.
The section ends by specifying exactly which structures require repairs or works (ie the party wall or particular other structures). It sets out the parties’ agreement that the relevant works (set out in a schedule) should be carried out and their agreement that one party will carry out (or organise) the works while the other will contribute to the costs of them.
‘It is agreed and declared as follows’
This main section of the Party Wall Agreement for Repairs sets out the key terms that the parties are agreeing on relevant to the works. In particular, it sets out:
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how the works must be carried out, for example, to an appropriate standard and by the specified date
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rights over the property of the person who is not organising the works. For example, rights for the other party and their workers to enter the property and erect supports if necessary
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the party carrying out the works’ promises to:
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cause as little inconvenience as possible
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pay for any damage they cause to the other party’s property
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dispose of relevant rubbish and other mess
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indemnify the other party against any claims or similar arising from the works
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maintain adequate insurance throughout the works
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the party not carrying out the works promises to:
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pay for any damage caused to decoration of their own property due to the works being carried out
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pay for half of the costs of the works and certain associated costs, including the costs of necessary insurance
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The section ends by clarifying that this Party Wall Agreement for Repairs supersedes any previous agreement between the parties relating to these works (eg a prior verbal agreement). It also explains how any disputes regarding this agreement should be settled.
Signatures
This is where the parties should sign and date the Party Wall Agreement for Repairs.
Schedule 1 - The Works
This is where the works that are to be carried out should be clearly set out.
Schedule 2 - The Plan
This is where any plan of the properties should be attached, with the relevant party wall highlighted in red.
If you want your Party Wall Agreement for Repairs to include further or more detailed provisions, you can edit your document. However, if you do this, you may want a lawyer to review the document for you (or to make the changes for you) to make sure that your modified Party Wall Agreement for Repairs complies with all relevant laws and meets your specific needs. Use Rocket Lawyer’s Ask a lawyer service for assistance.
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Legal tips for homeowners
Make sure you send party wall notices if required
The requirement to send neighbours party wall notices if you’re carrying out certain kinds of works is a legal requirement that homeowners must follow. For more information on how to comply, see the FAQ ‘What’s the difference between a Party Wall Agreement and a party wall notice?’ and read Party wall matters. You can use our template to create a Party wall notice. You can Ask a lawyer if you need help making notices or working out if they’re necessary.
Clearly set out the works to be carried out and which structures require them
Ambiguity is risky in legal matters. Make sure you’re clear and precise when you state which parts of the properties require work and which works will be carried out. For example, your explanations shouldn’t be capable of being applied to the wrong structure. If there’s ambiguity, this could lead to disputes if, for example, there’s disagreement over exactly what works you agreed were necessary when it comes time to pay.
Understand when to seek advice from a lawyer or a surveyor
In some circumstances, it’s good practice to Ask a lawyer for advice to ensure that you’re complying with the law and that you are well protected from risks. You should consider asking for advice if:
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you have not reached an agreement regarding the work
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you’re not sure whether you need to send a Party wall notice
If a dispute arises (eg over who is responsible for certain party wall repairs), you’ll need to appoint a surveyor to help you resolve it. You can find a surveyor using the Royal Institution of Chartered Surveyors’ (RICs’) Find a Surveyor service.
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Party Wall Agreement for Repair FAQs
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What’s included in a Party Wall Agreement for Repairs?
This Party Wall Agreement template covers:
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which shared party walls or structures require work
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the works that the parties agree should be carried out
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an agreement that the costs of the works will be evenly shared
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each party's responsibilities whilst the works are being carried out
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when the works should be completed by
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Why do I need a Party Wall Agreement for Repairs?
If you’ve agreed with a neighbour that a party wall or another structure that’s shared by both of your properties is in need of repairs or maintenance, it’s a good idea to formally set out your agreement in a contract. This Party Wall Agreement for Repairs forms such a contract, in which the parties make certain promises to each other regarding the required works and agree to split the costs of the works.
When you’re conducting work on or near a party wall or boundary, you may also be legally required to inform your neighbours of the work you intend to do before you start. This can be done using a Party wall notice. Specific notice periods will apply depending on the type of work being done.
For more information, read Party wall matters.
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What is a party wall?
A party wall is part of a building that is a wall that either stands on the land of two or more adjoining property owners (ie it crosses the boundary), or which sits on one owner’s land but part of it separates multiple properties (that part of it will be a party wall).
A freestanding wall (ie a wall that’s not part of a building) cannot be a party wall. This may be a party fence wall if it crosses a boundary between properties, separates them, and is not a temporary structure.
Works to party walls and party fence walls can be covered in this Party Wall Agreement for Repairs, as can works to other structures or items that both parties share and use (eg structures for the transport of water, electricity or similar). Relevant structures and items can include:
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spouts, fall pipes, sewers and drains
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wire conduits
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flues and chimneys
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eaves and troughs
For more information, read Party wall matters.
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What works can be covered by this Party Wall Agreement for Repairs?
You and your neighbour can agree to form a Party Wall Agreement for Repairs for almost any type of repairs.
If the intended works are anything more than superficial (eg more than drilling holes in a wall to put up shelves or painting), you’ll need to inform your neighbours about the intended works using a Party wall notice. A neighbour may then refuse to consent to the works, at which point a dispute resolution process will begin. This should be resolved before you carry out the work. For more information, read Party wall matters.
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What’s the difference between a Party Wall Agreement and a party wall notice?
A Party wall notice is a specific type of legal document used to inform neighbours of certain intended works related to party walls, to comply with the requirements of the Party Wall etc. Act 1996. These requirements (eg the notice periods) differ by the type of work being proposed. Confusingly, party wall notices are sometimes referred to as party wall agreements.
This Party Wall Agreement for Repairs is a different kind of document. It cannot be used to fulfil the notice requirements set out by the Party Wall etc. Act. It is a simple contract between two neighbours, setting out the terms of works that both parties agree should be carried out. Having a Party Wall Agreement for Repairs should not affect whether a party wall notice is also required under the Party Wall etc. Act - this will be determined by the type and significance of the proposed works.
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