Can You Refuse to Sign a Party Wall Agreement

As a homeowner or property developer, you may be required to sign a party wall agreement when undertaking certain types of building work. However, you may be wondering if you have the right to refuse to sign such an agreement. In this article, we discuss the circumstances under which you may be able to refuse to sign a party wall agreement.

Firstly, it is important to understand what a party wall agreement is and why it is required. A party wall agreement is a legal document that sets out the rights and obligations of adjoining property owners when building work is being carried out on or near a shared wall, boundary or structure. The purpose of a party wall agreement is to protect the interests of both parties and to prevent disputes arising during and after the building work.

According to the Party Wall etc. Act 1996, if you plan to undertake certain types of building work, such as building a new wall on or near a shared boundary, cutting into an existing shared wall, or excavating near a shared wall, you must serve a party wall notice on any adjoining property owners. This notice must be served at least two months before the proposed start date of the work, and it must include the details of the proposed work, the proposed start date, and the name and contact details of the building owner carrying out the work.

If the adjoining property owner agrees to the proposed work, they can provide written consent, known as a party wall agreement. However, if the adjoining property owner does not provide written consent, they are deemed to be in dispute, and a party wall surveyor may need to be appointed to resolve the dispute.

So, can you refuse to sign a party wall agreement? The short answer is yes, you can refuse to sign a party wall agreement. However, if you do refuse to sign, you may be deemed to be in dispute, and a party wall surveyor may need to be appointed to resolve the dispute.

There are several reasons why you may choose to refuse to sign a party wall agreement. One reason may be that you have concerns about the proposed building work, and you do not believe that the work will be carried out safely or to a high standard. Another reason may be that you believe the proposed work will cause damage to your property, and you do not want to be held liable for any repairs.

If you do refuse to sign a party wall agreement, it is important to seek legal advice to understand your rights and obligations. You may also wish to appoint a party wall surveyor to help resolve any disputes and to ensure that your interests are protected.

In conclusion, while you do have the right to refuse to sign a party wall agreement, it is important to understand the consequences of doing so. If you are unsure about your rights and obligations when it comes to party walls, or if you have concerns about proposed building work near your property, seek legal advice and consider appointing a party wall surveyor to protect your interests.