A party wall agreement is a legal document that outlines the rights and obligations of homeowners who share a common wall. It is typically required in instances where homeowners plan to undertake renovations or repairs that may affect the shared wall.
However, obtaining a party wall agreement can be a daunting process, particularly if your neighbor fails to respond to your request. In this article, we’ll discuss what to do if you haven’t received a response from your neighbor regarding a party wall agreement.
First and foremost, it’s important to understand the legal requirements surrounding a party wall agreement. Under UK law, homeowners are required to provide their neighbors with a written notice outlining their proposed works at least two months before the start date. The notice must be accompanied by a party wall agreement, which the neighbor must either agree to or dispute within 14 days. If the neighbor disputes the proposal, a party wall surveyor must be appointed to mediate the dispute.
In the event that you haven’t received a response from your neighbor within 14 days, there are a few steps you can take. Firstly, it’s worth sending a polite reminder to your neighbor, asking them to confirm whether or not they agree to the proposed works. If you still don’t receive a response, it may be worth trying to contact them by phone or in person to discuss the matter.
If all attempts to communicate with your neighbor have failed, you may need to appoint a party wall surveyor to act on your behalf. The surveyor will serve a notice on your neighbor, outlining the proposed works and requesting their response. If the neighbor still fails to respond, the surveyor may issue an ‘award’ which outlines the terms of the party wall agreement.
It’s worth noting that the cost of appointing a party wall surveyor is typically borne by the homeowner proposing the works. However, in the event that the neighbor disputes the proposal, the cost of the surveyor may be split between the two parties.
In conclusion, obtaining a party wall agreement can be a frustrating and time-consuming process, particularly if your neighbor fails to respond to your request. However, it’s important to follow the correct legal procedures to ensure that your proposed works are carried out in a safe and legal manner. If in doubt, seek the advice of a qualified party wall surveyor who can guide you through the process.