No Party Wall Agreement?

What happens when there is no party wall agreement? The answer to this question, to an extent depends on whether you are adjacent to a property where ‘notifiable’ works have been carried out, or whether you instigated such works, without a party wall agreement being in place.

A party wall agreement does not just have to be a published ‘Award,’ it could be that the Adjoining Owner provided a written consent to the party wall works being carried out, having been properly been appraised of their scope beforehand.

Either way, it can mean that surveyors are involved retrospectively, once all, or some of the works have been carried out. If there are any outstanding ‘notifiable’ works that have yet to be commenced, then a Notice can (and should) still be served, for that aspect of the works.

For instance, it may have been necessary to serve a party wall Notice to demolish a structure adjacent to a party wall. If, for whatever reason that did not happen, a party wall Notice can still be served for new foundations, if their position and depth mean that the Act applies.

Whilst more unusual, there can be legal involvement if there is no party wall agreement in place. This can be varying degrees of legal involvement (and costs) and can include Court injunctions, stopping the party wall works for an indefinite period.

It makes sense therefore to factor in the potential time and cost of the party wall process, as part of the overall project costs and programme. The word ‘potential’ is used in this context, on the basis that agreement can be reached quickly in some cases, particularly if a neighbour consents to the party wall Notice (and therefore negates the need for an Award).

Several legal cases relating to the 1996 Party Wall Act, in relation to the notifiable works being carried out in the absence of Awards or agreement being in place have been reported. The actual number of instances where there is no party wall agreement is probably far higher than the number of cases become the subject of Court action.

This is because ‘remedial’ action (be it making good damage or describing the works that have been carried out) are often dealt with by party wall Surveyors, who issue retrospective Awards.

No Party Wall Agreement, Harding Chartered Surveyors
No Party Wall Agreement, Harding Chartered Surveyors

At Harding Chartered Surveyors, we’re a team of independent and impartial RICS surveyors that can carry out party wall matters. If you have any questions or need advice don’t hesitate to call us on 020 3598 6730.

No Party Wall Agreement, Harding Chartered Surveyors
Excellent
Harding Chartered Surveyors
5.0
Based on 125 reviews
The team at Harding Surveyors is great and very customer-oriented. Kate assisted us all the way through the process - from our first inquiry up to the conclusion of the project. She was very informative and replies promptly.Alaa, our surveyor, was very thorough, asked all the relevant and difficult questions whilst having a good rapport with the property representative.Received the report on time with much needed and detailed information about the property.
No Party Wall Agreement, Harding Chartered Surveyors
Kimberly L.
Alaa was great, not only the report was very detailed and with good pictures, he has also been replying to my questions even a month after the survey took place.Alaa is also a structural engineer and this came in handy in my case. He took the time to explain, more than once as I am not an expert, all the critical points of the property.Also very quick turnaround of the report as I had urgent need to exchange contracts
No Party Wall Agreement, Harding Chartered Surveyors
Federico R.
We used Hardings to compile an independent expert witness report for some poor workmanship we had completed at our home. Their report helped us win our case and reclaim our costs.The report was concise, succinct and detailed - providing everything we needed to win our claim.
No Party Wall Agreement, Harding Chartered Surveyors
Thomas G.
I have used Harding Chartered Surveyors service for a new build snagging survey. The report was thorough and detailed beyond expectations. The communication with the surveyor was excellent and the end-to-end process was very easy and efficient. I would definitely use them again and recommend to a friend.
No Party Wall Agreement, Harding Chartered Surveyors
Vincenzo R.
The team at Harding Chartered Surveyors were fantastic to work with. Kate helped us identify the work we needed and arranged a surveyor to visit our property. Throughout, she was clear about timescales, costs, and next steps. Our surveyor, Scott Ingham, was thorough and helpful, speaking with us by phone immediately following the survey about the largest areas of concern (which, thankfully, were not major!). The report that was produced was easy to read and helped us understand what areas of the property might need work with approximate timelines and costs. All of the work happened on time, and there were no surprises in the process. Everyone was friendly, professional, and helpful. I highly recommend!!
No Party Wall Agreement, Harding Chartered Surveyors
Diane F.
I highly recommend Hardings. All communication and interactions with them was high professional. Alaa dealt with my survey. He approached it with a high level and depth of knowledge, he was honest and considerate giving balanced advice. Throughout he was a pleasure to deal with.I also dealt with Kate making the arrangements. She was also prompt, professional and polite . Harding’s came highly recommended to me. My experience would endorse that they are a family run business with integrity and professionalism at their core.
No Party Wall Agreement, Harding Chartered Surveyors
Sarah M.
Carried out a structural defect report and was very satisfied by the service provided. Millbrook Housing Association
No Party Wall Agreement, Harding Chartered Surveyors
Gary B.
We are very pleased with the service you have provided and would certainly recommend you in future .
No Party Wall Agreement, Harding Chartered Surveyors
Joseph H.
Very positive experience. We hired Harding Surveyors to carry out a building survey on a commercial property to be leased from the council. They did a great job and we went back to them again to carry out a schedule of condition report, prior to us moving in. Very helpful, friendly, good communication, and reasonable price. Would recommend.
No Party Wall Agreement, Harding Chartered Surveyors
Amy R.
Dependable and timely - would recommend
No Party Wall Agreement, Harding Chartered Surveyors
Michael J.
Harding Chartered Surveyors have provided very efficient and professional services with their valuation for Probate purposes. Very good communications at the outset when inquiring about their services with prompt response, as well as addressing questions after their report was sent to me.I also found their fees reasonable compared to other quotes. Highly recommended
No Party Wall Agreement, Harding Chartered Surveyors
verdi Y.
The report is excellent and was provided promptly. All aspects of the service were handled efficiently and professionally. Many thanks to Charles and the team.
No Party Wall Agreement, Harding Chartered Surveyors
R. M.
Seamless experience. Very swift and well organised with a thorough survey completed and report returned within less than a week of booking!
No Party Wall Agreement, Harding Chartered Surveyors
L P.
Cannot recommend enough. Communication has been excellent throughout the entire process, very accommodating and fast turnaround. Everyone I have spoken to has been so helpful and kind, to make a difficult process much easier.
No Party Wall Agreement, Harding Chartered Surveyors
Tiffie D
Excellent and professional services by Mr. Ali. I am indeed very pleased. I will recommend to my friends and others who wants to avail the services of Harding Chartered Surveyors.
No Party Wall Agreement, Harding Chartered Surveyors
Bazlur R.
No Party Wall Agreement, Harding Chartered Surveyors