When you’re looking to sell your home, the last thing you want is unexpected hurdles. One such obstacle that often catches sellers off guard is the absence of a party wall agreement.
But don’t fret – while it can complicate matters, it’s not an insurmountable issue. Let’s go into the nitty-gritty of selling a house without a party wall agreement and how you can get through this situation successfully.
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Selling a House With No Party Wall Agreement: A Comprehensive Guide
When you’re ready to sell your home, the absence of a party wall agreement can seem like a roadblock. But fear not – while it may add complexity to the process, it’s not an insurmountable challenge.
This guide will walk you through everything you need to know about selling a house with no party wall agreement, providing practical advice and useful tips.
What is a Party Wall Agreement?
A party wall agreement is a legal document between neighbouring property owners that outlines rights and responsibilities regarding shared walls, boundaries, or structures. It’s particularly relevant when planning building work that could affect these shared elements.
Sell House Without Party Wall Agreement With Transparency
Not having a party wall agreement will certainly cause delays in the sale process, particularly if your buyer is in a chain.
When advertising a property, it is important to be upfront and transparent. The best practice is to mention this in the property’s description.
Being transparent means you will only get the buyers who fall in love with your home.
You must disclose any disputes with neighbours during the sale in the property information pack.
Potential Challenges
- Buyer hesitation due to concerns about future disputes
- Delays in the conveyancing process
- Mortgage lender concerns
- Price negotiations using the lack of agreement as leverage
Strategies for a Successful Sale
- Be transparent: Disclose the lack of agreement early in the process
- Obtain a retrospective agreement if possible
- Provide detailed information about any work done on party walls
- Consider indemnity insurance to protect against future disputes
- Price competitively to attract buyers
- Highlight other selling points of your property
- Seek professional advice from a solicitor or surveyor specialising in party wall matters
How much does a party wall surveyor cost?
The cost of a party wall surveyor varies depending on many factors, such as the location, the complexity of the job, and the services needed. Usually, the cost ranges from a few hundred to thousands of pounds. Some surveyors charge by the hour, while others require a fixed fee.
In 2023, the average rate for party wall surveyors varies based on the type of project.
For instance, a party wall surveyor per hour costs around £200, and a party wall award is £1,000. For projects such as loft conversion, the fee is £1,575, while extension costs £2,025. If you are constructing a new building, the cost is £2,475; for a basement, the fee is £3,375.
Can You Sell Without One?
The short answer is yes, if there is no party wall agreement then your solicitor may be able to purchase party wall indemnity insurance.
However, it’s not always straightforward and can lead to complications during the sale process.
The Party Wall Act 1996
The Party Wall Act 1996 requires property owners to give notice to neighbours before carrying out certain types of work. While not having an agreement isn’t illegal, it can lead to complications if disputes arise later.
For more information on the Party Wall Act 1996, please visit GOV.UK.
Impact on Property Value
The absence of a party wall agreement may affect your home’s value and saleability. Potential buyers and their solicitors often scrutinise such documents when assessing a property. Not having one in place could make it harder to attract buyers or secure a mortgage.
Tips for a Successful Sale
Despite these challenges, there are several strategies you can employ to smooth the path to a sale:
- Be Upfront: Honesty is the best policy. Disclose the lack of a party wall agreement early on to avoid surprises later.
- Get a Retrospective Agreement: If possible, try to obtain a party wall agreement before putting your house on the market. This can be done even after work has been completed.
- Provide Detailed Information: Gather all relevant information about any work done on or near party walls. This includes planning permissions, building regulations approvals, and any correspondence with neighbours.
- Consider Indemnity Insurance: This can protect the buyer against potential future disputes related to the lack of a party wall agreement.
- Price Competitively: Given the potential complications, you might need to price your property slightly below similar homes in the area to attract buyers.
- Highlight Other Selling Points: Focus on the positive aspects of your property to offset any concerns about the missing agreement.
- Seek Professional Advice: Consult with a solicitor or surveyor who specialises in party wall matters. They can advise on the best course of action for your specific situation.
Price to entice
Given delays and potential frustration for the buyer later down the line, it is suggested that you list your property below other comparable properties to get interest.
What if my neighbour refuses to engage in creating a party wall agreement?
Let’s say you’ve served your neighbour with a party wall notice about upcoming building works, but they’re not playing ball. Maybe they flat out refused to agree, or perhaps they’re just dragging their feet.
Don’t worry, the Party Wall Act has you covered. Under Section 10 of the Act, there’s a clear process to follow if you can’t reach an agreement amicably.
Appointing Party Wall Surveyors
If your neighbour won’t cooperate, both of you will need to appoint your own party wall surveyor. These professionals act as impartial referees to resolve the dispute.
You can either:
1) Agree to appoint one surveyor together, or
2) Each appoints your own separate surveyor
The surveyor(s) will review the proposed works and your neighbour’s objections. Their job is to ensure the building project is carried out fairly while protecting both parties’ interests.
The Party Wall Award
After inspecting the properties, the surveyor(s) will prepare a legally binding ‘party wall award’. This document outlines exactly how the works must proceed, including any necessary protection measures for your neighbour’s home.
Once the award is issued, you’ll be able to start your building plans according to the surveyor’s instructions. Your neighbour must comply with the award, too—no more objections allowed!
So if your neighbour is being difficult about those party wall works, don’t fret. Just follow the straightforward process under Section 10, and an impartial surveyor will sort everything out properly.
The Party Wall Surveyor – Your Impartial Referee
When neighbours can’t agree on party wall works, a party wall surveyor steps in as the impartial referee.
Think of them as the sensible mediator who ensures everything is done fairly for both sides. Their key role is to facilitate the whole party wall agreement process between you and your neighbour. They’ll use their expertise to resolve any disputes calmly and objectively.
Rather than taking sides, the surveyor’s job is to negotiate an acceptable solution that protects everyone’s interests according to the Party Wall Act. They have a duty to both homeowners to be completely impartial and unbiased.
What Does the Surveyor Actually Do?
As a neutral third party, the surveyor will examine the proposed building plans in depth and listen to your neighbour’s objections.
They aim to understand the situation from both perspectives fully.
They’ll then prepare what’s called a ‘party wall award’ – a legally binding document setting out exactly how the works should proceed. This may include specific protection measures to prevent any damage to your neighbour’s property. Once that award is issued, you can finally begin your extension or renovation according to the surveyor’s instructions.
Your neighbour has to comply too – no more arguments! The party wall surveyor basically acts as the sensible mediator to smooth out any conflicts. With their impartial expertise, the whole party wall agreement process becomes a straightforward negotiation, not a heated dispute between neighbours.
Can I get a party wall agreement after building work has been done?
Yes, it’s possible to get a retrospective agreement, though it may be more complex and costly than obtaining one before work begins.
What counts as an adjoining owner?
Adjoining owners are those who own land, buildings, or rooms next to the premises of the building owner. This could also include the local authority.
In other words, these are two owners whose property has a shared boundary, like a party wall.
What does the agreement involve?
When it comes to a party wall agreement, many details and provisions must be taken into account – names and addresses of the property owners, a comprehensive description of the wall, and the rights and obligations of each owner.
After the consent of the adjoining owner, a legal document known as the party wall award is drawn up. This document details the work that needs to be done, the timeline, and who will pay the surveyor’s fees.
Is having a party wall agreement a legal requirement?
When you decide to get work done on your property, it’s essential that you make your party wall neighbour aware. The notice will allow your neighbour to agree to the proposed work and potentially appoint a surveyor to act on their behalf.
It is not a legal requirement to have a party wall agreement. However, there are certain situations where one is required by law. These include:
- Building an extension,
- Works to party structures,
- Constructing a new building,
- Excavation work,
- Loft conversion,
- Underpinning, and
- Damp proof course.
When planning to do any of these works, you must inform the party wall neighbour. This allows them to agree to the proposed works and appoint a surveyor to act on their behalf if needed.
Selling a house without a party wall agreement?
You don’t need to have a party wall agreement to sell your home. However, it can lead to delays in the sale process.
Without an agreement in place, and if you have carried out construction work on the party wall, potential buyers may be reluctant to purchase the property due to potential disputes and liabilities.
If the buyer’s solicitor questions the lack of a party wall agreement during the conveyancing process, this can cause delays, or even make the sale fall through.
Therefore, getting a party wall agreement before starting any work that could affect the wall is recommended. It is essential to document and keep the agreement up to date.
This will ensure clarity and peace of mind for potential buyers and make the sale process smoother and less stressful for everyone involved.
Not necessarily. While it can complicate matters, many house sales proceed without party wall agreements. The key is to be transparent and proactive in addressing any concerns.
What to look for in your estate agent?
It is essential to make sure that the estate agent has the necessary experience in selling properties similar to yours, such as location, size, price range and lack of a party wall agreement.
They should also be able to give advice on pricing, marketing and negotiations, as well as provide strategies to make the sale process successful.
Questions to ask to identify the best estate agent include:
- How much experience do they have in selling similar properties;
- How long do they take to sell properties in the area; and
- How likely are they to achieve your asking price.
Does having no party wall agreement affect the value of your home?
Due to the risks associated with work carried out on party walls, potential buyers may be hesitant about purchasing your home if there is no agreement in place.
According to the Party Wall etc. Act 1996, if you are planning to undertake specific types of work (e.g. excavation, building an extension, etc.) that involves a boundary or party wall with a neighbouring property, you must serve notice to your neighbours to obtain their approval before commencing the work.
It is recommended to obtain a party wall agreement if you are planning construction work that requires one. This can help to prevent legal disputes with neighbours and protect the value of your property.
Failing to obtain an agreement can have significant consequences, such as a decrease in your home’s value and a decrease in its saleability.
Potential buyers and their solicitors often scrutinise documents like party wall agreements when assessing a property, so not having one in place can make it harder to attract buyers or secure a mortgage.
In conclusion, it is best to obtain a party wall agreement if you are planning construction work that requires one. This will help to protect your home’s value and saleability.
Need a quick & hassle free sale?
At Property Saviour, we understand that selling a house without a party wall agreement can be a daunting prospect. That’s why we’re here to offer you a straightforward solution. As experienced cash buyers, we specialise in purchasing properties in all conditions, including those lacking party wall agreements.
When you choose to sell to us, you’ll benefit from:
- A swift, hassle-free sale – we can complete in as little as 10 days or at a timescale that suits you
- No need for costly retrospective agreements or remediation work
- A guaranteed cash offer, free from the complications of mortgage lender requirements
- Certainty of sale – once we agree on a price, we stick to it
- Savings on estate agent fees and £1,500 towards your legal costs
- Complete discretion if you prefer to keep the sale private
- We pride ourselves on our transparent approach. There are no hidden deductions from our offered price, and we never lower our offer before exchange of contracts.
- Our team has extensive experience in handling complex property situations.
Don’t let the lack of a party wall agreement hold you back. Contact Property Saviour today for a no-obligation cash offer. We’re here to help you move forward, regardless of your property’s current status.
Property Saviour Price Promise
- The price we’ll offer is the price that you will receive with no hidden deductions.
- Be careful with ‘cash buyers’ who require a valuation needed for a mortgage or bridging loan.
- These valuations or surveys result in delays and price reductions later on.
- We are cash buyers. There are no surveys.
- We always provide proof of funds with every formal offer issued.
We'll Pay £1,500 Towards Your Legal Fees
- No long exclusivity agreement to sign because we are the buyers.
- You are welcome to use your own solicitor.
- If you don’t have one, we can ask our solicitors for recommendations.
- We share our solicitor’s details and issue a Memorandum of Sale.
Sell With Certainty & Speed
- Our approach is transparent and ethical, which is why sellers trust us.
- 100% Discretion guaranteed.
- If you have another buyer, you can put us in a contracts race to see who completes first.
- Complete in 10 days or at a timescale that works for you. You are in control.
