No Party Wall Agreement Damage
If you`re a homeowner or property developer, you`ve likely heard of a party wall agreement. It`s a legal agreement designed to protect both parties involved in a property renovation or extension project. However, what happens if you discover damage to your property, and there is no party wall agreement in place?
Firstly, it`s important to understand what a party wall agreement is. In the UK, a party wall is a shared wall between two properties. It could include other structures, such as floors or ceilings, but the most common example is a wall. A party wall agreement aims to protect both property owners during a renovation or extension project. It outlines the responsibilities and rights of each party and aims to prevent disputes from arising.
If you discover damage to your property and there is no party wall agreement in place, you may be wondering what your options are. Firstly, you should speak to your neighbour or the person responsible for the damage. Try to resolve the issue amicably and avoid escalating the situation. If you`re unable to resolve the issue, you may need to seek legal advice.
In the UK, there are several legal rights and remedies available if your property has been damaged by a neighbour`s building work. These include:
1. The common law right of support: If your neighbour`s building work has caused damage to your property, you may be able to claim compensation under the common law right of support. This right allows you to claim compensation if your neighbour`s building work has caused your property to subside or collapse.
2. The Party Wall Act 1996: If your neighbour is carrying out building work, you have the right to request that they enter into a party wall agreement with you. If they refuse, you can appoint a surveyor to act on your behalf. The surveyor will then agree on a party wall award, which will outline the responsibilities and rights of each party. If your property is damaged during the building work, you may be able to claim compensation under the party wall award.
3. Negligence: If your neighbour has acted negligently and caused damage to your property, you may be able to claim compensation. This could include situations where your neighbour has failed to take reasonable care to prevent damage to your property.
In summary, if you discover damage to your property and there is no party wall agreement in place, it`s important to try to resolve the issue amicably. If this isn`t possible, seek legal advice and explore the legal rights and remedies available to you. Remember, prevention is always better than cure. If you`re planning a renovation or extension project, ensure you have a party wall agreement in place to prevent any disputes from arising down the line.