Written by Jason Edworthy Lewes — Local Party Wall Surveyors
Done work along a party wall without serving a Party Wall Notice? Retrospective Lewes Party Wall Agreements — Jason Edworthy
Written by Jason Edworthy Lewes — Your Local Party Wall Surveyors
Perimeter of shared wall work completed without the notice? Enter Jason Edworthy to save the day with Lewes party wall retrospective agreements.
A retrospective party wall agreement is a legally binding document drafted after building work has commenced without serving the necessary Party Wall Notice as per the Party Wall etc. Act 1996.
One of the responsibilities under this Act is that if your construction work impacts a shared wall, boundary wall or structure near a neighbouring property, you are legally required to notify the adjoining owners before you get started. Usually carried out via a Party Wall Notice and gives neighbours the right to consent, dissent or appoint their own surveyor.
There is one constraint with this solution: in a lot of real-world scenarios, people don't know that such a requirement exists; or they simply go forward without it due to time constraints, poor guidance or oversight. Enter the Retrospective Agreement Lewes. When shall you require a Lewes retrospective party wall agreement?
You need a Lewes retrospective agreement if:
The work has already been carried out, or commenced, without the necessary Party Wall Notice having been served. Neighbour objected or sense of neighbour ensued after the work begun. You are remortgaging or selling your property and the solicitor or buyer wants evidence of compliance.
After all; you do not wish any potential disputes or legal complications later.
An appropriate party wall surveyor gets involved, goes around to chat with the adjacent owners, and then creates a decent amount of paperwork that benefits them all.
Building work has already started (or finished) but you can still get legal help This is still the case even if you have not served a Party Wall Notice initially.
Before anything gets started, it is always better to adhere the Party Wall etc. Act 1996 and so on. But like everything else, things happen. And this is the reason why you may want to go with a retrospective Lewes party wall agreement.
You may also be breaching the Act if you commence construction, or start any nasty business right up against a shared wall, boundary or structure without prior warning to your neighbours.
This can leave your open to issues with your neighbour, legal disputes or even expensive delays. Provided you plan to sell or refinance the property.
Jason Edworthy | UK Party Wall SurveyorIf you have undertaken works over the line…Retrospective ConsentA Retrospective Agreement from – a competent party wall surveyor like Jason Edworthy helps to put your feet back on the legal ground by:Blocks any... Reading time — 8 minRead full story →
We will protect your interests in our capacity as your local Party Wall Surveyor, manage neighbour relations and get you back on the straight-and-narrow without too much fuss or hollering.
Need help fast? We are working with you to support efforts, even those that have already begun.
This depends on the context you mean — in a formal sense, no; there is such thing as a Party Wall Notice that should be served before work starts to allow neighbours chance to respond and safeguard their Property interests. That first sentence goes on to say, however, that a standard notice ceases to apply “once the work has started (or finished).
But not everything is lost.
A retrospective Party Wall Agreement (frequently referenced as a retroactive Lewes Party Wall Award) enables work to be carried out where appropriate warning is not provided. While not a legal substitute for advance notice in any way, this is still example to be selfless and the right thing to do and avoid even more costs.
Restore compliance where possible , Less risk of nuisance or claims from neighbours
Selling or refinancing — satisfy solicitors or lenders ,Provide a copy of the work and agreed terms
We work with clients in just this situation at your local Party Wall Surveyors provider, Jason Edworthy. To do this we will inspect the work, communicate with neighbours and establish a formal agreement which is legally binding to reduce risk and allow us to keep trading with confidence. Therefore a Lewes retrospective notice might not officially ``comply'' with the original notice requirement, however if produced after the fact, this retropspective Award would still provide some legal assurance.