Read more to understand the impact of NOT having a party wall agreement in place for your building project!
When you decide to improve your home in any way, adding an extension, converting a loft or even replacing a fence, getting a party wall agreement seems to be the last thing on a homeowner’s mind.
But neglecting them can lead to costly delays, legal disputes and strained neighbourly relations.
Assuming It’s Only Their Property
Even if the work is taking place on your block, that doesn’t mean it won’t affect your neighbour’s place. Where ‘party’ structures are attached to or supported by a party wall, including party walls and sometimes foundations, which are built up to or along the line of junction of two parcels of land in different ownership, they are covered by the Party Wall etc. If they are affected by what you are doing, they deserve notice.
Skipping the Party Wall Notice
One of the most common mistakes is carrying out work without serving a Party Wall Notice. Every day at Jason Edworthy, we take calls from customers in great distress who have not followed the advice to get a party wall agreement. This is a legal obligation. If you don’t, your project risks the scandalous kind of time-consuming finger-pointing, delays and, in the worst cases, court injunctions that can poison entire communities.
Hoping the Builder or the Architect Will Take Care of It
Homeowners often mistakenly think that their builder or their architect is handling the party wall process. But they might not even if they are not Party Wall Surveyors. It is your responsibility as the property owner to comply.
Importance of a schedule of conditions.
A Schedule of Condition is a level of agreement you should reach before any work begins. It is a written record of your neighbour’s property. Without it, you could be accused of damage that was already on the vehicle, and you would have no way to defend yourself.
Relying on Verbal Agreements
Your neighbour could be the nicest man in the world, and even if he says, “yeah, go right ahead,” oral agreements will not prevent you from being sued if a dispute arises. The law requires you to give sufficient notice and have appropriate paperwork on skipping that could (you’ll have to work out which) leave you on the hook for some money.
We are Party Wall surveyors and Party Wall Services experts. At Jason Edworthy – Your Local Party Wall Surveyor, we know that party wall matters can be a difficult time for any home or business owner.
If you are developing a new room, altering your loft, or digging close to your boundary, we also require that the work you undertake is carried out in accordance with the Party Wall etc.
We do it all for you. We serve Notices, speak to the neighbours and do Schedules of Condition. We also settle disputes using the accredited Party Wall Awards approach.
If your building work damages your neighbour’s property, you have to pay for the repairs. The Party Wall etc. Act 1996 says this is an important way to protect people who share a wall with you.
A professional Jason Edworthy Party Wall Surveyor will often make a Schedule of Condition before building work starts. This record shows the state of your neighbour’s place at that time. It will help everyone see whether the building caused any damage after the work is done.
If damage does occur, your neighbour has the right to ask for the repairs to be done at your cost or to get money from you straight away.
Working with a skilled Party Wall Surveyor like Jason Edworthy helps ensure things are done right and in accordance with the law. This means there can be less trouble or fighting about the work.
