As a homeowner, it is not uncommon to want to make changes to your property, whether it be an extension or a renovation project. However, when these changes affect the party wall shared with your neighbor, it can become a legal matter that cannot be ignored. In such instances, it is required by law to obtain a party wall agreement before proceeding with any work. But what happens when your neighbor refuses to sign the agreement?
Fortunately, there are alternative options available to homeowners who find themselves in this predicament. Here are some solutions that can help you navigate the party wall process without a signed agreement:
1. Negotiate with your neighbor
If your neighbor is unwilling to sign the party wall agreement, it may be worth approaching them directly to discuss your plans and any concerns they may have. By opening up a dialogue, you may be able to come to a mutually-agreeable solution that avoids the need for a formal agreement. Keep in mind that your neighbor may be worried about the impact your work will have on their property, so be empathetic and considerate in your approach.
2. Consider a party wall award
If a party wall agreement cannot be reached, a party wall award can be sought through a surveyor. This is a legal document that outlines the work to be carried out and any associated costs or damages. It also sets out the respective duties and responsibilities of each party. While this option can be costly and time-consuming, it can provide a legally binding solution that protects both parties.
3. Apply for a court injunction
If negotiations fail and your neighbor is actively blocking your plans, you can apply for a court injunction. This legal option requires you to show evidence of the potential harm caused by your neighbor`s refusal to cooperate. If the court agrees with your case, they can order your neighbor to allow the work to go ahead.
In conclusion, while a party wall agreement is the preferred method of resolving disputes between neighboring homeowners, it is not the only option. By discussing your plans with your neighbor, seeking a party wall award, or applying for a court injunction, you can still proceed with your property changes while adhering to the relevant laws and regulations.