Can you start work without a party wall agreement? – 2020.

Can You Start Work Without a Party Wall Agreement?

If you’re planning to carry out building work that affects a shared wall or boundary with your neighbour, you may need to obtain a party wall agreement. The Party Wall etc. Act 1996 requires that you notify your neighbours of the proposed work and obtain their written consent. However, what happens if your neighbour refuses to give their consent or doesn’t respond? Can you start work without a party wall agreement? In this article, we’ll explore the legality of starting work without a party wall agreement and the potential consequences.

What is a Party Wall Agreement?

Before we dive into the question of whether you can start work without a party wall agreement, let’s briefly review what a party wall agreement is. A party wall agreement is a legal agreement between neighbors regarding shared walls or boundaries. It is required by the Party Wall etc. Act 1996, which aims to minimize disputes between neighbors regarding building work.

Can You Start Work Without a Party Wall Agreement?

In short, it is legal to start work without a party wall agreement, but only under certain conditions. If your neighbor doesn’t respond to your notice or refuses to give their consent, you can still start work after a certain period, provided that:

1. You have given the required notice – You must have given your neighbors written notice of the proposed work, as required by the Party Wall etc. Act 1996.
2. The required time has passed – The Party Wall etc. Act 1996 requires that you wait a certain period of time before starting work. This is typically two months for most types of work.
3. The work doesn’t breach the Party Wall Act – The work must be carried out in compliance with the Party Wall Act, even if your neighbor hasn’t given their consent.

Consequences of Starting Work Without a Party Wall Agreement

While it may be legal to start work without a party wall agreement under certain conditions, it’s not always recommended. Some of the potential consequences of starting work without a party wall agreement include:

1. Damage to your relationship with your neighbor – Starting work without a party wall agreement can damage your relationship with your neighbor and cause future disputes.
2. Legal action – Your neighbor may take legal action against you if they believe that the work is causing damage to their property.
3. Delay in the construction process – Legal disputes can cause delays in the construction process and increase the overall cost.

Conclusion

In summary, it is legal to start work without a party wall agreement under certain conditions, but it’s not always recommended. It’s important to comply with the Party Wall etc. Act 1996 and to give your neighbors written notice of the proposed work. Faulkner Surveyors provides professional surveying services to ensure that your building work complies with legal regulations and protects your property rights. Contact us today for more information.