Building Work Without Party Wall Agreement: Things to Consider

If you’re planning to undertake building work that could potentially affect your neighbour’s property, it’s important to get a party wall agreement (PWA) in place. This is a legally binding document that outlines the rights and responsibilities of both you and your neighbour when it comes to carrying out building work on shared walls or boundaries.

However, what happens if you decide to proceed without a party wall agreement? It’s certainly possible, but there are some important things to consider before you do.

Firstly, it’s worth noting that any building work that damages a shared wall or boundary is technically illegal without a party wall agreement. This is because you are effectively encroaching on your neighbour’s property, even if it’s only in a minor way.

If your neighbour finds out that you’ve carried out work without their consent, they could take legal action against you. This could include seeking an injunction to stop the work, or even claiming for damages if their property has been affected in any way.

In addition to the legal implications, there are also practical considerations to bear in mind. If you proceed without a party wall agreement, you may find it difficult to sell your property in the future. This is because potential buyers may be put off by the fact that the building work was carried out without the requisite legal documentation.

Similarly, if you ever decide to carry out further building work in the future, you may find it difficult to get a party wall agreement at that stage. This is because your neighbour may be more reluctant to agree, given that you’ve already carried out work without their consent.

So, what can you do if you’ve already started building work without a party wall agreement in place? The first step is to try and reach an agreement with your neighbour as soon as possible. This may involve agreeing to pay for any damage caused by the work, or even offering compensation for any inconvenience caused.

If your neighbour is unwilling to negotiate, you may need to seek legal advice to help resolve the situation. This could involve taking the matter to court, which can be a costly and time-consuming process.

Ultimately, the best approach is to always get a party wall agreement in place before carrying out any building work that could potentially affect your neighbour’s property. This ensures that you’re both legally protected, and can avoid any potential disputes further down the line.

In conclusion, building work without a party wall agreement is not recommended. It can lead to legal and practical issues, and can cause unnecessary strain on your neighbourly relationship. By taking the time to get a party wall agreement in place, you can ensure that your building work proceeds smoothly and without any unnecessary complications.