A Party Wall agreement is a legal agreement between two or more neighbouring property owners to share the costs of repairs or alterations to a wall that separates their properties. The purpose of such an agreement is to ensure that the work is carried out safely and that the rights of both parties are protected.

However, what happens when one neighbour refuses to enter a Party wall agreement? This article will explore the legal implications of a neighbour refusing to sign a party wall agreement.

What Is a Party Wall Agreement?

Party wall agreements are agreements between two or more neighbouring property owners that set out the terms and conditions for building work that affects the party wall. The party wall is the wall that separates the two properties, and any building work that affects this wall requires a party wall agreement.

The agreement is important because it protects the interests of both parties. It sets out each party’s rights and obligations, ensuring that the work is carried out safely and without causing damage to either property.

Can My Neighbour Refuse a Party Wall Agreement?

In short, yes, your neighbour can refuse to sign a party wall agreement. However, this does not mean you cannot do the work. If your neighbour refuses to sign the agreement, you can still proceed with the work, but you must follow the procedures set out in the Party Wall etc. Act 1996.

The Party Wall etc. Act 1996 sets out the procedures for carrying out work on a party wall. If your neighbour refuses to sign the party wall agreement, you will need to serve a notice on them. This notice is called a Party Wall Notice and must be served at least two months before the work is due to start.

The Party Wall Notice must include the following information:

– The date on which the notice is being served

– The names and addresses of the property owners

– A description of the proposed work

– The date on which the work is due to start

Once you have served the Party Wall Notice, your neighbour has 14 days to respond. They can either agree to the work or dissent. If they agree, you can proceed with the work without needing a party wall agreement. If they dissent, you must appoint a party wall surveyor to mediate the dispute.

What Happens If My Neighbour Still Refuses to Agree?

If your neighbour still refuses to agree to the work, you must appoint a party wall surveyor to mediate the dispute. The party wall surveyor is an independent third party who will act as a mediator between you and your neighbour.

The party wall surveyor will assess the work and determine whether it is safe and meets the requirements of the Party Wall etc. Act 1996. They will then prepare a party wall award, which is a legal document that sets out the terms and conditions for carrying out the work.

The party wall award will include the following information:

– The date on which the award is being made

– The names and addresses of the property owners

– A description of the proposed work

– The terms and conditions for carrying out the work

– The responsibilities of each party

– The costs of the work

Once the party wall award has been made, you can proceed with the work. If your neighbour still refuses to agree to the work, you can take legal action to enforce the party wall award.

Conclusion

A party wall agreement is an essential legal document that protects the interests of both parties when carrying out building work that affects the party wall. If your neighbour refuses to sign the agreement, you can still proceed with the work, but you will need to follow the procedures set out in the Party Wall etc. Act 1996.

If your neighbour still refuses to agree to the work, you must appoint a party wall surveyor to mediate the dispute. The party wall surveyor will assess the work and prepare a party wall award, which is a legal document that sets out the terms and conditions for carrying out the work.

It is important to remember that the Party Wall etc. Act 1996 is a legal requirement, and failure to comply with the act can result in legal action being taken against you. Therefore, it is essential to seek legal advice if you are unsure about your rights and obligations under the act.

Icon Surveyors can help you with party wall agreements by providing expert advice and guidance throughout the process. Our experienced party wall surveyors can help you to understand your rights and obligations under the act and work with your neighbours to reach a mutually beneficial agreement. Contact us today to get started.

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