If you’re planning on undertaking a construction project that involves work on a shared wall with your neighbour, you may need to enter into a Party Wall Agreement. However, what happens if your neighbour refuses to agree to the terms of the agreement?
Understanding Party Wall Agreements
Before we delve into whether a neighbour can refuse a Party Wall Agreement, let’s first understand what it is. A Party Wall Agreement is a legal agreement between two or more neighbours who share a wall. The agreement sets out the rights and responsibilities of each party in relation to any work that is to be carried out on the shared wall.
Can a neighbour Refuse a Party Wall Agreement?
In short, yes, a neighbour can refuse to enter into a Party Wall Agreement. However, if they do, it can cause delays and complications for your construction project. In such a case, it’s important to understand why your neighbour is refusing to agree to the terms of the agreement.
Possible Reasons Why a neighbour May Refuse a Party Wall Agreement
There are several reasons why a neighbour may refuse to enter into a Party Wall Agreement, including:
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They don’t understand the agreement: Your neighbour may refuse to enter into the agreement simply because they don’t understand its terms and implications.
- They don’t want to pay: A neighbour may refuse to enter into a Party Wall Agreement if they are required to contribute to the cost of the work being carried out on the shared wall.
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They don’t trust you: If there has been a history of disputes or animosity between you and your neighbour, they may be hesitant to enter into a legally binding agreement with you.
What to Do If Your neighbour Refuses a Party Wall Agreement
If your neighbour refuses to enter into a Party Wall Agreement, you may need to take legal action. The first step is to try and resolve the issue through informal negotiations with your neighbour. If this is unsuccessful, you may need to involve a mediator to help facilitate discussions between you and your neighbour.
If all else fails, you may need to take legal action by applying for a Party Wall Award. A Party Wall Award is a legally binding document that sets out the rights and responsibilities of each party in relation to the work being carried out on the shared wall. This is typically granted by an independent surveyor.
Summary
While a neighbour can refuse to enter into a Party Wall Agreement, it can cause delays and complications for your construction project. It’s essential to understand why your neighbour is refusing to agree to the terms of the agreement and try to resolve the issue through informal negotiations before taking legal action. If you do need to take legal action, a Party Wall Award can help ensure that the work is carried out in a fair and equitable manner.
