What Happens If You Start Work Without A Party Wall Agreement
April 15, 2021
An owner must write two months about work on a party wall or border or a one-month notice period for excavations. Courts tend to have a bad view of the failure to serve a party wall message, and you may be called upon to pay for repairs that, in reality, cannot be your responsibility. In addition, your neighbours could take civil action against you and issue an injunction to prevent further work until a contract to strengthen the party is concluded. This will delay the project and could increase costs. If the loss of light is small and can be properly compensated financially, the court may award compensation in lieu of a referral order. However, if you have built without regard to your neighbour`s right to light and have found that they have violated their right, the court has the power to have the building modified or removed at your expense. Part 3 of the 1990 Environmental Protection Act requires a municipality to investigate complaints about residents` legal nuisance. These include complaints about noise and dust caused by construction work when it interferes with the use or enjoyment of their premises or harms their health. If you do not issue wall identities or receive a Party Wall Award before the start of the corresponding work, your neighbour may issue an injunction to stop or prevent work that affects their property until the price is in effect. If an agreement is not possible, then you must appoint a surveyor. You can appoint a surveyor who works for both of you, or anyone`s. The surveyor will organize a wall party award that will set out the details of the work. Your neighbour has 14 days to respond and give his consent or ask for a village of party walls.
If they accept the works in writing, you will not need an agreement on the party wall and this can reduce the fees, which are usually $700 to $900 per neighbor. So it`s worth contacting your neighbors first to discuss your suggestions and try to resolve any problems in advance, or at least make sure they get the notification and respond within 14 days, because if they don`t, they`re considered contentious and you`ll have to call a surveyor anyway to find out if they`re accepting the work. As soon as a message from the party wall is sent, the adjacent owner has 14 days to respond to that message. If 14 days pass and there is still no response from the adjacent owner, another message can be sent at that time, which gives them an additional 10 days to respond. If the adjacent owner has not yet responded after the notification of the party wall and the notification referred to in section 10(4), the owner may appoint, on behalf of the adjacent owner who does not react, a surveyor for the party wall to progress.