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.

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.
1707416955
Great fast and easy to book. Great price and most of all great staff.
No Party Wall Agreement, Harding Chartered Surveyors
Tony B.
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Great experience dealing with Alaa, very helpful and informative, going above and beyond at any opportunity. Thanks!
No Party Wall Agreement, Harding Chartered Surveyors
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1704533739
Very professional and diligent in their assessment. Our surveyor Alaa Ali has been very responsive and patient with all of our queries providing excellent professional advice on the matter. Will definitely recommend them.
No Party Wall Agreement, Harding Chartered Surveyors
anirudh S.
1701978149
I would thoroughly recommend this company. The appointment for a surveyor came quickly. The surveyor was thorough and explained the items he found wrong. The report came through very promptly.
No Party Wall Agreement, Harding Chartered Surveyors
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1701430434
Excellent and very professional work by Kate for the planning and Charlie for the valuation and report - highly recommended.
No Party Wall Agreement, Harding Chartered Surveyors
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1700507259
Excellent service from all the surveyor team.
No Party Wall Agreement, Harding Chartered Surveyors
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1699545477
Very efficient professionals, quick response, I would definitely use their services again.
No Party Wall Agreement, Harding Chartered Surveyors
David N.
1697033770
We received fantastic service from Harding Chartered Surveyors. The report by Kash was comprehensive, and his survey was thorough but unintrusive. Although our needs were not urgent, we managed to get an appointment for the survey to be carried out within a week and the report itself was delivered well within the two week period that they quote. I highly recommend them and understand why they are the surveyors of choice for so many home-owners and buyers in the area as well as banks and building societies.
No Party Wall Agreement, Harding Chartered Surveyors
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1695309201
Harding were professional throughout and provided the survey I wanted in good time after other companies had messed me around.
No Party Wall Agreement, Harding Chartered Surveyors
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1694965649
Jessica came to survey my flat for a valuation. She was very fast and professional, I received the report back in under a week. I will use Hardings again.
No Party Wall Agreement, Harding Chartered Surveyors
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1694534695
Alaa helped me with some structural engineering queries and calculations. I am extremely happy with the service he provided: first of all for his solid and professional advices and the high quality work delivered, secondly for the availability Alaa showed during the visit and in answering follow up questions. I was also a bit in hurry with the project and Alaa was very responsive and managed to finish everything in just a few days.
No Party Wall Agreement, Harding Chartered Surveyors
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1692801070
Carried out a probate valuation for us. Quick response, thorough, very professional and good communication throughout.
No Party Wall Agreement, Harding Chartered Surveyors
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1692724981
Fantastic service. Fast, great communication and thorough.
No Party Wall Agreement, Harding Chartered Surveyors
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1692213078
I requested both a structural survey and valuation survey - important to note they are different. Harding Chartered Surveyors agreed to both and relatively quickly given public holidays. The staff were polite and very responsive. The structural surveyor spent time, took photos and explained various aspects. Obviously, I wish the report was cheaper but worthwhile highlighting issues that need attention. I would recommend Harding Chartered Surveyors.
No Party Wall Agreement, Harding Chartered Surveyors
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1685623622
No Party Wall Agreement, Harding Chartered Surveyors