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F E Smith
F E Smith, Advocate
Category: Law
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Experience:  I have been practising for 30 years.
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I live in a Semi detached house. Both myself and neighbour

Resolved Question:

I live in a Semi detached house. Both myself and neighbour are constructing new loft extensions and dormers in the roof as well as new rear extensions. The party wall joining the houses already exists in the loft and we will construct a new party wall for the rear extension. Same builder on both sides.Question : Do we need to draw up a party wall agreement - seems pointless when we are both involved in the building work. Should we go with some kind of agreement/letter ?
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

Are you both in agreement to proceed without a party wall notice and agreement?

Customer: replied 1 year ago.
We haven't discussed in detail...I think we could go that way...was wondering if we needed a letter to confirm that ?
Expert:  F E Smith replied 1 year ago.

There is no absolute requirement to serve a Party Wall Act Notice. There is no penalty for not doing so but the other party not having the work done can apply to court for an injunction to stop the work if they want a notice and is not served.

Your situation is unusual because it would mean both of you serving notice on the other.

As a result of the notice there is then what is called an award which is a bit misleading because it’s just an agreement as to what happens with regard to the work extent.

What I would suggest that you do is have an agreement between you as to exactly the extent of the work being done and who is going to be responsible for what. It is always a good idea to commit these things to writing so that in the event of a dispute at least there is a record of what was agreed.

Many people have extensions built with no party notice and no party wall award agreement and there is never a problem. Others can be problematical and contentious. Provided both of you continue to get on, there is no reason for notice or agreement, it only applies in the event that there is some dispute.

Can I clarify anything for you?

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Best wishes

FES.

F E Smith and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks...I think this about covers it.Rgds..Stuart

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