Can You Build Without a Party Wall Agreement?
Do you really need a Party Wall Agreement? Can you start building without one in place?
While a party wall agreement is an essential part of any building works, some building owners may be inclined to try and build without it. They might feel that they get along fine with their neighbors, and any issues that arise will be solved quickly.
Although it may be tempting to skip the party wall process, it’s in your best interest to have a party wall agreement before starting any building works.
Do I Need to Serve a Party Wall Agreement?
You’ll need to have a party wall agreement if you:
Why You Need A Party Wall Agreement Before Building
Having a party wall agreement protects you from any unwanted disputes that may arise from your building works. Here are a few reasons why you need a party wall agreement before building:
Protects you from claims of damage: A party wall agreement includes a schedule of condition which records the condition of your neighbours property before building works start. This protects you from any claims made by your neighbors that you’ve damaged their property.
Prevents neighbors from halting building works: Neighbors aren’t entitled to stop you once you have the required documents and building permissions. Your party wall award clearly outlines the date you can start building works.
Shields you from legal issues: Without the framework of the Party Wall Act being invoked any damage or trespass by your builders could result in prosecution under common law. At this point, the dispute cannot be resolved by a party wall surveyor. You’ll incur legal fees and face setbacks with your building works.
If You Sent a Party Wall Notice and Got No Response
If you sent a party wall notice to your neighbors and haven’t received a response after 14 days, then you need to serve a follow-up notice to them. A party wall surveyor will then be appointed to mediate the dispute for neighbors who fail to respond after both notices.
What Happens If I Don’t Have a Party Wall Agreement?
While failing to get a party wall agreement isn’t a legal offense, you’ll be at fault for breaching “statutory duty.” You might also be held liable for damage to your neighbor’s property that wasn’t your fault. In addition, without the protection that a schedule of condition and/or a party wall award supplies, the court could order you to pay for repairs.
Cubit Party Wall Surveyors can help with Your Party Wall Agreement
Do you need help drafting or serving your party wall notice? Instead of stumbling through the process on your own, it’s best to contact a local party wall surveyor in London to help you get it right the first time around. Located in Streatham Common, Cubit Party Wall Surveyors is available throughout the Greater London area. We can help with your party wall agreement and ensure that your building works all go according to plan.
Contact us today to see how we can help with your party wall agreement needs.
