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Party Wall Notice not Given

Postby Emphasis » Thu Jan 07, 2010 10:27 am

We have recently begun work on a loft conversion in our semi detached house. Although we didn't need planning permission, we did apply for and got a certificate for permitted development from the council. The plans were also approved by building control. I spoke to my neighbour explaining what we were proposing to do and offered to come and show him the plans. We have an amenable relationship and he said he was happy with the proposed work and wasn't worried about seeing the plans just as long as the builders weren't working until midnight every night! We left it at that and began work this week. I was not aware and not told by anyone about the Party Wall Act and my obligations to serve notice to my neighbours re the work to be carried out on our adjoining wall. The neighbour has now seemed to change his tone regarding our building work and although has not made any objections to date, has asked that we provide a Party Wall Agreement. On checking on line it would seem that I should have done this at least 2 months before starting the work and have received written consent from the neighbours. What can I do now to resolve this or is it simply too late and I will just have to hope that the neighbour dosen't make any objections? Can a Party Wall Notice/Agreement be served/awarded retrospectively?
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Postby stoneyboy » Wed Jan 13, 2010 8:26 pm

A party wall agreement or lack of one cannot be enforced ie neither side can get say your local council to take action.
Your neighbour can however take legal action ie employ a solicitor to make you stop work via a court injunction. If you can avoid this it would be to both your benefits, solicitors are the only ones to gain in such action.
You can either: offer to provide a PWA in which case your neighbour will probably insist on you paying for an independent surveyor to oversee the works or come to a gentlemans agreement where you again pay for an independent surveyor to oversee the work.
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