When selling a property, issues can arise if previous construction works were carried out without following the procedures set out under the Party Wall etc. Act 1996.
This often becomes apparent during the conveyancing process, when a buyer’s solicitor or surveyor raises enquiries about whether a Party Wall Notice or Award was put in place.
At Stokemont, our surveyors advise on Party Wall matters linked to property sales.
We’ll explain how a missing Party Wall Agreement can affect a transaction, the potential risks for both buyers and sellers, and the options available to help move the sale forward.
When Party Wall Issues Arise During a Property Sale
Party Wall issues during a property sale can occur where the building owner or seller has undertaken construction works to their property recently, as those construction works would have fallen within the scope of the Party Wall etc. Act 1996.
At this stage, the purchaser will be making enquiries during the pre-purchase survey, when the purchaser’s surveyor identifies that construction works have been undertaken at the property.
A common recommendation we make at Stokemont during our RICS homebuyer report inspections and full building survey inspections is for purchasers to ask their solicitor to confirm that the appropriate Party Wall procedures were followed.
Risks of Selling Without a Party Wall Notice or Award
If the building owner didn’t serve a Party Wall Notice, or failed to put a Party Wall Award in place, the purchaser could be buying into a situation where the neighbouring or adjoining owner may seek to hold them accountable for any damage alleged to have resulted from those works.
A key consideration in these circumstances is timing. For any damage to be considered relevant and potentially claimable, there is usually a relatively short period between when the works were carried out on the seller’s property and when the property was subsequently marketed for sale.
The reasoning behind this is that, where a more extended period has elapsed, it’s likely that any concerns or allegations from the neighbouring owner relating to damage would already have been raised.
There may be instances where adjoining owners are not immediately aware of damage. In most situations, damage is still identified, even where a property is left unoccupied for a period of time. Once identified, concerns are typically raised to seek resolution and have any damage repaired or compensated for.
If you would like to understand how Stokemont can support you with Party Wall matters, explore our recent projects.
What Types of Works Fall Under the Party Wall Act?
Party Wall Notices are legally required when a building owner undertakes a wide range of construction works to their property that fall within the scope of the Party Wall etc. Act 1996.
These works include, but are not limited to:
- Works directly to a Party Wall.
- Loft conversions.
- Rear extensions.
- Side extensions.
- Front extensions.
- Basement conversions.
- Removal of internal walls and chimney breasts.
- Structural changes.
- Works to party structures/ceilings or floors.
- Changing roof coverings.
- Undertaking injection damp-proof course works.
As shown above, the Act applies to a broad range of construction activities. As a result, building owners may unknowingly find themselves in a situation where Party Wall works have been carried out without fully considering the legal requirements set out under the Party Wall etc. Act 1996.
What Sellers Can Do If No Party Wall Notice Was Served
Contact the Adjoining Owners
In the event that these works were undertaken recently, the first person a seller should contact is the neighbouring owners. This contact should be to enquire about any issue or damage they believe they have suffered as a result of the recently undertaken construction works.
This communication is often similar in format to a Party Wall Notice, with a letter being sent by the building owner or, more commonly at this stage, by the building owner’s solicitor directly to the adjoining owner.
Time Pressures During a Property Sale
Property sales often operate within agreed timescales, with buyers, sellers, and solicitors working towards exchange and completion.
Unresolved Party Wall matters can delay matters, as additional enquiries and legal advice may be required. This can place pressure on sellers, particularly if delays begin to affect confidence or disrupt a wider property chain.
Buyer Undertakings and Limitations
The only way a buyer will be confident they won’t be legally liable is for the seller to provide an undertaking confirming responsibility for any future damage claims arising from the previously undertaken works.
Many sellers are uncomfortable with this type of undertaking, as it involves accepting responsibility for a potential claim that may occur in both the short and long term.
Why Party Wall Matters Cannot Be Resolved Retrospectively
Unfortunately, there are limited alternatives available. Party Wall Notices cannot be served retrospectively, and Party Wall Awards cannot be agreed after the works have been completed.
If an adjoining owner cannot be contacted, or there is insufficient time to do so, there may be no other practical option available to the seller.
Speak to a Party Wall Surveyor
No party wall agreement when selling a house is a situation that occurs more often than many sellers expect. At Stokemont, our advice is to speak with a Party Wall Surveyor as early as possible so the position can be reviewed clearly and any risks properly understood.
Our surveyors provide practical guidance based on the type of property, the nature of the works carried out, and identify who the building owner and adjoining owner are. This clarity can be particularly valuable when a sale is already underway.
Get in touch with the Stokemont team today to discuss your circumstances. We’re here to help.
No Party Wall Agreement Selling House FAQs
Is a Party Wall Agreement a Legal Requirement?
A Party Wall Agreement is not required in every case. However, where works fall under the Party Wall etc. Act 1996, the building owner must serve a Party Wall Notice. If consent is not given, a Party Wall Award is legally required before the works can proceed.
Can You Sell a House With No Party Wall Agreement?
Yes, it’s possible to sell a house without a Party Wall Agreement. However, this can raise concerns for buyers and their solicitors, particularly if the works were carried out recently, and may delay the sale or require additional legal assurances.
How Do You Get a Party Wall Agreement?
A Party Wall Agreement is obtained by serving a Party Wall Notice on the adjoining owner. If consent is not given, a Party Wall Surveyor or surveyors are appointed to prepare a Party Wall Award, which sets out how the works are to be carried out.
