The need for formal agreement is clear. It can help you avoid unnecessary quarrels with neighbors. A reference to the party wall followed by a wall price (official agreement) can be used as an effective means of conciliation between two parties, which should avoid a neck-and-neck confrontation. A case of a few hundred can degenerate into several thousand in court because an agreement between two “friends” could not be reached. Whatever you do, you should not be tempted to disrespect the provisions of the law to save money. Inaction with work without notifications, consents and agreements is a dangerous practice, in addition to being illegal. The Party Wall Act of 1996 applies to homes in England and Wales and was designed to prevent construction work that could adversely affect the structural integrity of any common wall (party wall) or adjacent land. The Party Wall Act can be used to end disputes between neighbours and help them resolve them if they occur. 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. 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. Even if you fail to get a party wall contract, it`s not really a violation of the law, but not only will you violate a “legal obligation,” but you also risk paying damages that are not your fault. Your neighbour could claim that his property was damaged by your work and without details or proof of the previous condition of the property (which you would have given by notice of the party) there is not much you can do. If you disagree on the extent or value of the damage done, things can quickly escalate and end up in court. This is where it`s going to cost a lot of money.
If you lose in court, you are often responsible for repairs, fees for your legal team and fees for your neighbour`s legal team, plus court costs. Expect big bills! Although there are fees for setting up and distributing communications and premiums, they are cheap compared to lawyers` fees. If you do not appoint a party wall surveyor, you should be aware that in the event of a dispute, you may have to appoint a lawyer and perhaps a lawyer to represent you in court. And don`t forget to authorize the fees of your neighbour`s legal team. Failure to comply with the law is reprehensible by the court. Party Wall Surveyors are there to save you the need to go to court and pay potentially high fees. Your neighbour`s right to light is not limited or limited by the fact that the municipality has granted you planning permission for your project or because your project is an authorized project and therefore does not require a building permit.