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Retrospective party wall agreement !

Postby tpb1961 » Thu Oct 22, 2009 10:31 am

Nearly 3 years ago, we had a conservatory built and we enquired to the local planning office about the need for permission and they advised that if we fulfilled certain criteria, planning permission was not necessary.
All seemed fine so buidling went ahead.
One wall is on our boundary with our neighbour. The previous neighbours were happy with the boundary wall and at the time we were due to start the work, new neighbours moved in so we advised them immediately of the pending start of the works. They were and still are perfectly fine with the construction.
However, I've recently become aware that when the local authority said that we needed to have an agreement from our neighbours, they were referring to a formal agreementin the form of a party wall agreement !
Although there is no issue with our neighbours, nor do we have any plans to move house, I am concerned of the impact of not having this formality.
Can you please advise me where I stand in this.
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Postby demoman » Sat Oct 24, 2009 9:52 am


In answer to your question the agreement from your neighbour can be

as simple as a letter signed by them allowing the works. The party wall

act only applies if there is a dispute then things can get a bit trick as an

independent party wall surveyor neededs to be employed by the party

carrying out the work. However under the part wall act your neighbour

has no chance of making a claim because it doesnt work retrospectively.

The only claims they can make will be through the civil courts.
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