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Party wall agreement - Late signing
eastlondonpaul
Posts: 5 Forumite
If my neighbour signs the party wall agreement outside the 14 day period is it still valid?
My situation is that I issued the party wall agreement back in June and it was signed by the lady next door. Now, months later, it turns out her ex owns the house and he did not sign it. Can he sign the same form so I can commence work ASAP or do I need to re-issue a new party wall agreement to him and wait another 2 months to start?
My situation is that I issued the party wall agreement back in June and it was signed by the lady next door. Now, months later, it turns out her ex owns the house and he did not sign it. Can he sign the same form so I can commence work ASAP or do I need to re-issue a new party wall agreement to him and wait another 2 months to start?
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Comments
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'her ex'?
Are/were they married? If married I believe her signiture would be sufficient (though that's an educated guess).
If some random occupant signed (to take it to extreme) rather than the owner, then no, not sufficient.
A 'partner'? Or ex partner? Probably not sufficient.
But you could always invite the ex/owner to tea, bake a nice cake, and reach an amicable agreement whereby he agrees to dispense with the PWA and/or ignore the 2 month rule.0 -
They were married and are still on good terms. She said he would be happy to sign the form for the works to go ahead too.
All the literature I have read states only the owner can sign the party wall agreement so I don't think her signature would be sufficient. If I have to issue a new form then I don't believe the two month period can be waived which his why I would like to use the old one...if it is still valid to do so.0 -
After doing some more research I realise it is possible to waive the two month period if both sides are in agreement. I'll just go down that route then with a new form
Phew 0 -
Tea and cake, Paul, tea and cake!
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I'll get baking 0
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What would happen if you started work on the basis of the signed PWA you have. On the face of it the mistake is the lady next door who signed something she had no business signing. The risk is that the actual owner takes out an injunction to stop work, but is he likely to do that if he is amicable with his ex?I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0
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As much as I would like the work to commence I don't want to take any risks and end up either having to stop the works or even worse having to put it back to the original state and leaving myself out of pocket. I should have checked the owner details on land registry before I posted the first form really
I dropped round the new form last night and fingers crossed it should be signed and on my doormat when I return home...or is that too much wishful thinking?! 0
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