A party wall agreement is a legal document that is required to be put in place between two adjacent property owners before any construction work can begin. The purpose of this agreement is to set out the rights and responsibilities of each party regarding the use and maintenance of the shared wall or structure.
While it is not common for a party wall agreement to be refused, it is possible. In this article, we will explore the reasons why this could happen and what steps can be taken to resolve the situation.
The most common reason for a party wall agreement to be refused is a disagreement between the two property owners regarding the proposed construction work. For example, if one owner wants to build an extension that will encroach onto the shared wall, the other owner may feel that this will cause damage to their property and refuse to sign the agreement.
In cases like this, it is important to try to resolve the issue through negotiation. The two owners should try to come to a compromise that will allow the construction work to proceed while also addressing any concerns that the other owner may have. This could involve agreeing to additional protective measures or agreeing to split the cost of repairs if any damage is caused.
If negotiation is not successful, the next step is to seek the advice of a surveyor. A surveyor can be appointed by either party to assess the proposed construction work and provide recommendations for how to proceed. The surveyor will also prepare a report outlining their findings, which can then be used to guide further negotiations or legal action if necessary.
In some cases, it may be necessary to take legal action to resolve a dispute over a party wall agreement. This could involve applying to the courts for an injunction to prevent the construction work from proceeding until an agreement is reached. It may also involve appointing an independent adjudicator to make a binding decision on the matter.
In conclusion, while it is not common for a party wall agreement to be refused, it can happen in cases where there is a dispute over proposed construction work. If negotiation is not successful, seeking the advice of a surveyor and potentially taking legal action may be necessary to resolve the issue. Ultimately, it is in the best interests of both parties to work together to find a mutually acceptable solution that allows the construction work to proceed while protecting both properties.