When it comes to home renovation or construction, it`s essential to ensure that the work you plan to do complies with the local construction rules and regulations. One of the most important aspects of this compliance is the Party Wall Agreement, which is designed to protect the interests of both property owners and their neighbours.
However, what happens when there is an absence of a neighbour, and how does it affect the Party Wall Agreement? In this article, we`ll explore everything you need to know about Party Wall Agreements in the absence of a neighbour.
Firstly, let`s define what we mean by the absence of a neighbour. There are several scenarios where a neighbour may be absent, such as when the property is unoccupied, the owner is deceased, or the property is owned by a corporation. In such cases, you may assume that a Party Wall Agreement is unnecessary because there is technically no neighbour to negotiate with.
However, it`s important to note that even in the absence of a neighbour, a Party Wall Agreement is still required. The Party Wall Act 1996 applies to all buildings that share a boundary with another property, regardless of whether the neighbouring property is occupied or not.
As such, it`s crucial to take the necessary steps to fulfill the requirements of the Party Wall Act. This typically involves serving a notice to the absent neighbour, outlining the proposed work you plan to undertake. While the neighbour may not be present to provide a response, the notice is essential in establishing a legal record of the proposed work and the proposed actions to be taken.
If the neighbour fails to respond to the notice within 14 days, you may proceed with the proposed work without the need for a Party Wall Agreement. However, it`s still necessary to take the proper precautions to protect the neighbouring property, such as providing support structures or monitoring the impact of the work on adjacent buildings.
In summary, the absence of a neighbour does not exempt you from the requirements of the Party Wall Act. If you plan to undertake any work that involves shared boundaries with adjacent properties, it`s essential to serve a notice to inform the absent neighbour of your proposed work. This notice establishes a legal record of the work and the proposed actions to be taken and protects you from any legal disputes that may arise in the future.
In conclusion, party Wall Agreements play a vital role in ensuring that any proposed work on shared property boundaries is legal and compliant with local construction rules. By taking the necessary steps to serve a notice to absent neighbours, you can protect your interests and ensure that your proposed work is carried out in a legally sound manner.