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Party Wall Agreements

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I have just watched 'Homes under the Hammer' and wondered if a neighbour could reject a party wall agreement for no reason other than they just didn't want a neighbour to build an extention or house next to there's? Could this be overridden and if so by whom? 

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Posted (edited)

 

Once planning permission is granted the neighbour cannot prevent only delay and cannot thwart the process but can demand costs. The Party Wall Act is to enable construction with reasonable adjustments for neighbours concerns.

 

They may agree to a letter outlining your respect for their property and mitigation of nuisance. A reasonable response, a reminder that if no response is made you will start in X days.

If your or both are leasehold they must be informed and can act as mitigator(s).

Anybody can act as a mitigator if you both agree.

If not a solicitor can if you both agree.

If not you will have to pay for two solicitors and there is a timeline for resolution.

 

Best solution is to agree to all reasonable requests on timing of work, noise, dirt, access or not, radios outside, swearing, parking, damage to property and verges etc- all agreements signed by builder, neighbour and you.

 

 

Worst case scenario, our neighbour used aspects of the Party Wall Act to delay our extension by twelve months and £2000 in 2002.if your neighbour (long gone)is a very long term friend of very  influential local legal people you may find it difficult to find a local surveyor, surveyor walks off, difficult to find a solicitor who is local, not going away at inconvenient times, blaming juniors for errors, delays in posting, clarifying etc, etc.

Eventually found a solicitor from another County who with the help of the Law Society settled all matters quickly. Our increase legal costs exactly matching a contribution from their Company for unforeseen delays due to unplanned staff holidays. Unfortunately the building costs were not covered.  Probably out of date but your builder will know and will have examples of the documents you need.

 

Edited by Annie Bynnol

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Thank you both, for your replies. 

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