Lack of Party Wall Agreement

1122abc

I am purchasing a property that does not have a Party Wall Agreement for a loft conversion undertaken 10 years ago. I need to purchase indemnity to satisfy my lender. The loft conversion has building regs and retrospective planning permission. I am not sure why it has retrospective permission, as I can’t see that it was a permitted development back then, and neighbouring properties all requested planning permission before starting the work. 

Is this issue the same as a lack of building regs for historical structural work (well past the deadline for council enforcement)? For example, the same property has removed load bearing walls with no building regs. A structural engineer has been out to assess the property and thinks it’s fine. The seller is paying for an indemnity policy for this. I’m not worried about this issue. It seems like a minor problem. 

From a discussion with my solicitor and reading around the issue, the lack of a Party Wall Agreement appears to be more concerning than a lack of building regs. Am I correct in this?

I understand that in the future, a neighbour could raise a dispute/concern about the lack of Party Wall Agreement itself, even if there are no structural concerns? This does worry me. 

If there are structural concerns then I am liable for all damage, which is fair, but I have no Party Wall Agreement to fall back on. However what does this actually mean? Surely even I had the agreement, I’d still need to pay for damages. 

I’m not an anxious first time buyer, but I haven’t encountered this problem before and there isn’t as much info on the forum about it, in comparison to indemnity for lack of building regs. I’m concerned that at any point in the future, a neighbour could raise a dispute in the absence of any property damage, and that when I come to sell the property, it may be challenging as this could scare buyers off. 

Thanks for any advice 

Doozergirl

You don’t need a Party Wall Agreement for historic works. They are only relevant while the work is happening. There is no way to get one retrospectively, and neighbours can’t demand one now.

Unless there is a genuine, specific risk that your solicitor can point to, not just vague “what if” scenarios, it is an unnecessary complication.

It is not something that has historically come up regularly on this board at all because it isn't an issue! 

Retrospective Planning Permission is proper planning permission that has been formally applied for and obtained, just after the event - retrospectively!

1122abc

Doozergirl said:

You don’t need a Party Wall Agreement for historic works. They are only relevant while the work is happening. There is no way to get one retrospectively, and neighbours can’t demand one now.

Unless there is a genuine, specific risk that your solicitor can point to, not just vague “what if” scenarios, it is an unnecessary complication.

It is not something that has historically come up regularly on this board at all because it isn't an issue! 

Retrospective Planning Permission is proper planning permission that has been formally applied for and obtained, just after the event - retrospectively!

Thank you for your reply.  I couldn’t figure out if it’s something I truly needed to worry about!