If you are planning a construction project that requires you to excavate near a shared boundary, you may need to sign a Party Wall Agreement. A party wall agreement is a legal document that sets out the rights and responsibilities of two or more property owners who share a boundary. Despite its importance, you may be wondering what would happen if you don`t sign a party wall agreement.
In this article, we will discuss the consequences of not signing a Party Wall Agreement and why it is essential to do so.
Legal Consequences
If you decide not to sign a Party Wall Agreement, you could be in breach of the Party Wall Act 1996. This could lead to legal action against you, which may result in a court order to stop construction work. Additionally, you may be required to pay fines and legal costs, which could be substantial.
Delay in Construction
Another consequence of not signing a Party Wall Agreement is a delay in construction. If your neighbour objects to your construction plans and you do not sign a Party Wall Agreement, you may not be able to proceed with the project until the issue is resolved. This delay can be costly, particularly if you have already invested in materials or hired a contractor.
Damage to Property
If you go ahead with construction without a Party Wall Agreement, you risk damaging your neighbour`s property. If you are excavating near a shared boundary, there is a risk of subsidence or structural damage to your neighbour`s property. Without a Party Wall Agreement, your neighbour may have no recourse to recover the costs of repairs.
Loss of Goodwill
Choosing not to sign a Party Wall Agreement can damage the relationship between you and your neighbour. If you want to continue living next to your neighbour, it is important to maintain a good relationship. Not signing a Party Wall Agreement may cause resentment and mistrust between you, which can be difficult to repair.
Conclusion
In conclusion, it is essential to sign a Party Wall Agreement if you are planning any construction work that may impact a shared boundary. Failure to do so can lead to legal action, delays, damage to property and loss of goodwill. If you are uncertain about your obligations under the Party Wall Act 1996, it is recommended that you seek legal advice. It is always better to be safe than sorry, and signing a Party Wall Agreement can protect you and your neighbour in the long run.