Party Wall Act - we have not signed anything with neighbour

[u587162]

We've recently started our ground floor rear and part 2 storey rear extension. One side of the build is 2m away from the boundary and 1m from the other neighbouring side.

One neighbour we get on with and the other so so, although we recently had an argument with, he is ok (we are 2m away from his boundary).

I did not raise the subject of signing a PWA with either neighbour. With the foundations now dug (120cm all round), and walls now going up, am I right in think that is it too late for the neighbour to ask a PW surveyor to get involved or indeed ask me to sign a PWA? Can I just carry on building without worry?

Also do constructions of boundary walls and fences also fall under the PWA? If so, could the subject matter arise again even though when the extension build work finishes in a few months time, the neighbour could then have the opportunity to invoke the PWA once more if I want to put a boundary garden wall or fence up?

 

[Nakajo]

The full (and exciting) title of the Act is the Party Wall etc. Act 1996. The 'etc.' actually includes a whole load of other stuff, like party fence walls. I'm no lawyer, but I think the Act is poorly written - in part because it includes no rules regarding failure of implementation. But actually, in some sense, it exists to protect you as much as your neighbour, and legal precedent has determined that, where action is brought, courts tend to look unfavourably upon individuals who fail to properly implement it. Where you and your neighbour are in agreement, the proper implementation of the Act need cost nothing, as you can agree it all yourselves. In other cases, surveyor(s) will need to be appointed.

 

[tony1851]

The Act is not retrospective so if you are out of the ground, carry on building.

 

[Nakajo]

Well, it is if the neighbour gets an injunction (although I guess that's a bit unlikely)!

 

[tony1851]

My reasoning is that once the excavation has been done, concrete poured, walls brought to ground level and trench backfilled,
there would be little point in a court awarding an injunction to stop any further work.

 

[u587162]

Trenches are filled, cavity wall has already been built. So that's the extension future secured.

Would I potentially have problems then if I wanted to then later build a wall or replace my own fence (with respect the act)?

Neighbor doesn't want a wall or concrete posts or footings and telling me that chemical reaction with soil will ruin his trees and plants.

 

[tony1851]

If you build a boundary fence or wall on your own property, it is your own business.