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Thomas Judge
Thomas Judge, solicitor Advocate
Category: UK Property Law
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Experience:  award winning lawyer with over 15 years experience
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I have completed a loft conversion structurally a week ago

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I have completed a loft conversion structurally a week ago and my neighbour sent me a solicitors letter telling me to stop work as I did not have a party wall agreement .
As I said there was no more structural work to be done . Because the work has already been completed does my neighbour have rights to enforce the party wall agreement or is the act void as the structural work has been completed . Do I have to pay for his surveyor ?
Submitted: 8 months ago.
Category: UK Property Law
Expert:  Thomas Judge replied 8 months ago.
Thanks for your question. Please remember to rate once you get my answer.

The works that have already been undertaken are technically unlawful as you did not serve a notice and you should try to regularise this, as best you can, by obtaining confirmation that the adjoining owners have no objection to them. You cannot serve Notice retrospectively so a simple letter to the adjoining owners is probably the best way forward, enclosing particulars of the work that have been carried out. You will have to pay for his surveyor.

Customer: replied 8 months ago.
I don't feel you have answered the question ... Which was..."... The work on the party wall has all been completed, so does this make the party wall act void.." I had read this on a forum ....???
Expert:  Thomas Judge replied 8 months ago.
Sorry I thought that I had made it clear. The fact that the work has been completed does not make the act void. You have still sadly acted in a technically unlawful way and your neighbour is entitled to take action.
Customer: replied 8 months ago.
What action can they take and what do you mean by technically?
They have apparently instructed a party wall engineer.. Do we have to instruct one too, or can we use the same one? Thanks
Expert:  Thomas Judge replied 8 months ago.
They can make a claim for damages against you. Technically means in this context that although you have done something unlawful there is a way to hopefully resolve this matter if you can negotiate with them in a sensible way. At this stage you only need their party wall engineer to prepare a report.

Please remember to rate happy to assist further if necessary
Customer: replied 8 months ago.
And what if he is ignoring us? How are we supposed to sort it
Expert:  Thomas Judge replied 8 months ago.
This is actually a different question to the one you originally posted, so please remember to rate positively. He has you have written sent you a solicitors letter - you should reply to this and suggest a meeting with the neighbour to try and resolve the dispute.
Thomas Judge, solicitor Advocate
Category: UK Property Law
Satisfied Customers: 8756
Experience: award winning lawyer with over 15 years experience
Thomas Judge and 4 other UK Property Law Specialists are ready to help you

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