Why a Verbal Agreement with Your Neighbour Isn’t Enough Under the Party Wall Act
- Duchy Party Wall Surveyors
- Nov 13
- 4 min read
When planning renovation works that may affect a shared wall or boundary with your neighbour’s, many homeowners believe that a friendly verbal agreement suffices. However, this common misconception can lead to disputes and complications in the future. The Party Wall Act serves as a comprehensive legal framework designed to manage potential disagreements that arise from building work on or near adjoining properties. Let’s explore why a formal party wall award is crucial and how using a professional party wall surveying firm like Duchy Party Wall Surveying can prevent misunderstandings and protect both parties' interests.
Understanding the Party Wall Act
The Party Wall Act, enacted in 1996, provides guidelines for building work that impacts a party wall, boundary wall, or excavations near a neighbouring property. Each homeowner's rights and responsibilities are clarified under this law. Homeowners must comply with these regulations to avoid legal battles and ensure fair treatment of both parties involved.
One key aspect of the Act is that it requires a formal process even if you believe you won’t cause any issues. Merely chatting with your neighbour about your plans is insufficient. In the eyes of the law, any agreement needs to be documented and formally recognised.
The Importance of a Formal Party Wall Award
A party wall award is a legal document established under the Party Wall Act that outlines the rights and obligations of both property owners involved in construction. Here are a few reasons why having a formal party wall award is essential:
Clear Documentation of Agreements
A printed agreement serves as a clear record of what has been agreed upon. It details the work to be done, how it will be executed, and any potential issues that could arise. This formal documentation prevents misunderstandings and provides evidence that can be referred to if disputes occur.
Protection from Legal Repercussions
If construction work is carried out without a formal party wall award, there may be legal consequences. A neighbour may file a complaint, which could lead to a costly legal battle. By having an award, both parties are protected from claims and can proceed with peace of mind.
Mitigating Risk to Property Damage
Construction inherently carries risks, such as structural changes that could potentially damage the adjoining property. A party wall award outlines measures that will be taken to protect both homes, thereby reducing any risk of damage and providing a clear path for responsibility should issues arise.
Why Verbal Agreements Fall Short
Though neighbours can agree verbally on proposed works, relying solely on this method does not provide adequate legal protection. Here are a few reasons why:
Lack of Legal Standing
Verbal agreements are challenging to enforce. Without written documentation and a formal process, disputes are harder to resolve. A party wall award provides legal standing if disagreements arise, reinforcing both parties' commitments and compliance with the Act.
Miscommunications
People remember conversations differently, and misunderstandings can lead to disagreements. A formal party wall award removes ambiguity, ensuring that both parties are on the same page regarding the work being done.
Emotional Factors in Neighbourhood Relationships
Building work can stir emotions, especially if a neighbour feels their property will suffer due to the works. A formal agreement helps buffer these emotions by providing a regulated method of communication and conflict resolution.
How Professional Party Wall Surveyors like Duchy Party Wall Surveying Can Help
Engaging a party wall surveyor is an invaluable step in complying with the Party Wall Act. Here’s how a professional service can assist both homeowners and their neighbours:
Neutral Consultation
Party wall surveyors act as neutral parties. They help mediate between the building owner and the neighbour, significantly reducing tension. Their experience allows them to provide expert advice and offer solutions that satisfy both interests.
Comprehensive Reports
A professional surveying firm will conduct thorough assessments before work begins. They will prepare detailed reports outlining all necessary precautions and recommendations to ensure both properties are protected.
Legal Expertise
Navigating the Party Wall Act can be complex. Professionals like Duchy Party Wall Surveying can ensure that all legal aspects are covered, from notifying neighbours to drafting party wall agreements. This ensures compliance and minimises the risk of disputes.
Final Thoughts on the Importance of Formal Agreements
In summary, homeowners must understand that a simple verbal agreement with a neighbour regarding building works is not sufficient under the Party Wall Act. The Act is in place to protect both parties, ensuring that obligations are met and potential disputes are mitigated.
By appointing a professional party wall surveying firm, homeowners can rest assured that they are complying with legal requirements while also protecting their interests and the interests of their neighbours. Taking this precaution not only prevents arguments but also fosters better neighbourly relationships throughout the construction process.
To ensure your upcoming building project runs smoothly and avoids conflict, consider using the expertise of a party wall surveyor. Doing so will save you time, money, and stress in the long run, ensuring that your home improvements enhance, rather than hinder, your neighbourhood experience.
UNSURE?
If your unsure or need some advice, contact Duchy Party Wall Surveying.
(T) 07873 295886
Comments