As someone looking to carry out construction work on a party wall, it is important to have a party wall agreement in place. This document outlines the rights and responsibilities of all parties involved and ensures that the work is carried out in a safe and legal manner. However, what happens when the party wall agreement is missing?
Missing party wall agreements can be a significant problem for property owners and tenants alike. Without an agreement in place, it can be difficult to resolve disputes and ensure that the work is being carried out in a safe and legal manner. It is therefore essential to know what your options are if you find yourself in this situation.
The first step is to identify whether a party wall agreement is actually required. In general, if you plan to carry out work that involves cutting into or polluting a shared wall, you will need a party wall agreement. This can include a range of activities, from adding a new doorway to constructing a new building altogether.
If a party wall agreement is required, it is essential to try and locate the original document. This may involve contacting the previous owner of the property or checking with the local council. If the agreement cannot be found, you may need to have a new agreement drafted.
A new agreement will need to be agreed upon by all parties involved, including the property owner, the tenant, and any other affected parties. This can be a lengthy and complex process, so it is important to seek professional advice from a qualified surveyor or solicitor.
In some cases, it may be necessary to obtain a court order to compel the other party to agree to a new party wall agreement. This can be a costly and time-consuming process, so it should be avoided wherever possible.
In conclusion, a missing party wall agreement can be a significant problem for property owners and tenants. If you find yourself in this situation, it is essential to identify whether a party wall agreement is required and try to locate the original document. If this is not possible, seeking professional advice and assistance is essential to ensure that the work is carried out safely and legally.