What If I Don`t Have A Party Wall Agreement

Whatever you do, you should not be tempted to flout the provisions of the law to save money. Continuing to do reportable work without proper notices, consents and agreements is a dangerous course of action, in addition to being illegal. The answer to this question depends to some extent on whether you are next to a property where „reportable“ work has been done or whether you have undertaken such work without a party wall agreement. An owner must give two months` written notice of construction work involving a wall or party boundary, or one month in advance for excavations. Indeed, „corrective measures“ (whether repairing the damage or describing the work done) are often taken care of by party wall surveyors who award retrospective prices. Although you can send partywall notifications yourself, it is important that they are correct and correct, as any error can invalidate the entire process and means that you have to start all over again. Your neighbor can`t stop you from doing the work, but they can require a formal agreement to be made to cover how the work will be done and how the damage that can be done to their property, how it will be caused. In other words, if you`re doing structural work on a wall you share with your neighbors, you`ll need a party wall agreement. Failure to provide a wall notice from the parties violates a „legal obligation“. If a neighbor claims that he has suffered damage caused by your work, he will prove this damage in his current state. Without a conditional plan to compare conditions before and after the condition, it will be difficult (if not impossible) to determine what damage was caused by the work. Your neighbor may therefore decide to assert false claims because of already existing defects.

Since there is a violation of legal obligations, the court is likely to take a dark view and apply the „reverse burdon of evidence“. In practice, this means that it is assumed that the neighbor`s claim is correct, unless you can prove otherwise. You may therefore be ordered to pay a number of reparations that are not in fact your responsibility (plus attorneys` fees and court costs). Later, if notices had been served, it would be up to your neighbor to prove that this damage is due to the work, that is, it is always better to appoint an expert to prepare an arbitration award, since he may then be asked at a later date to resolve any dispute concerning the damages. If a party wall contract is awarded, but you or your neighbors don`t like the terms, you can appeal to the District Court within 14 days of the agreement being published. .