What happens if there is no party wall agreement?

As per the party wall act 1996, its purpose is to carry out work by providing adjoining properties while protecting your neighbour’s interests. Party wall agreement is something you should be aware of whether you want to extend or refurbish a property adjacent to another property. 

The party wall agreement’s ultimate purpose is to offer both parties a balanced legal, well-stated framework regarding the proposed work.

Let’s dive deep into everything you must know about Party Wall agreements.

What are Party Wall Agreements?

A Party wall agreement is a legal contract between you and adjoining landowners. By serving your neighbour Notice, you ask for their permission to proceed with the work. They will have 14 days period to answer the given notice. 

Suppose you are thinking of doing a renovation or any party wall. It is a mandatory point of law that you served your neighbour with a party wall notice before starting work near their boundary and then coming up with a well-stated party wall agreement.

Party wall agreements explain which party is obliged to maintain the boundary wall, and its consequences are not sustained. 

For example, both parties can hang pictures on their sides of the wall by the agreement. However, the contract may also instruct that for one party to make structural alterations to the party wall, it would need both parties’ consent. 

When the building owners legally agree to the terms, party wall agreements are made. The goal behind this whole documentation is to offer support in the event of later disputes.

What elements include in Party Wall Agreement? 

The party wall agreement will cover up to three areas;

  • How would the construction party do the plan and suggested procedure?
  • The schedule of condition report – a documentation of the adjoining properties existing conditions before work commencing, so in the situation of the dispute over an area affected by the construction, this legal statement, complete photographs, offer clear proof 
  • What the project aims to create, and architectural drawings
What happens when there is no Party Wall Agreement?

In case of no party wall agreement, surveyors have to be involved retrospectively, or else if some of the works have been carried out. Moreover, if any notifiable works have to begin, then owner must serve notice in that respect of work.

It might be necessary to serve a party wall notice demolish a structure adjacent to the party wall if it did not happen for any reason; as per the Act, the owner must give a party wall notice for new foundations.

Typically, it is preferable to have legal involvement in a party wall agreement. It will change the degree of legal involvement, cost injunctions, and costs. 

Conclusion

Are you planning to do construction work on any property? Remember to be considerate to your neighbours. If you need access through their property, serve at least two weeks’ notice. . Try to avoid the stressful situation and ensure you have all the necessary things, like the Party Wall agreement, which can prevent constant worry and keep something for your completion date. If you are unsure that you need to serve a notice or not or don’t have time for it, you can always hire a surveyor to do the hard work for you.

Leave a Reply

Your email address will not be published. Required fields are marked *