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