If you own a property that is attached to another, then you will likely need a party wall agreement. This agreement is a legal document that outlines the necessary steps that both parties need to take to ensure that the wall is safe and that any work that is done to the wall is carried out in a way that does not damage the other property. However, what happens if one of the neighbours dies before the work is completed? Here’s what you need to know.
Firstly, it is important to remember that a party wall agreement is a legal contract between two living parties. Therefore, if one of the parties dies, then the agreement is no longer valid. However, this does not mean that the project cannot go ahead. Instead, it means that new negotiations and agreements will need to be made with the legal representatives of the deceased party.
If the deceased party’s executor is happy for the project to continue as planned, then they will need to provide written consent to the surviving party. This will then form the basis of the new agreement, which will need to be signed by both parties before work can commence.
If, however, the executor of the deceased party is not happy for the project to continue, then they can request that the surviving party pays for an independent surveyor to be appointed. This surveyor will then assess the proposed work and provide a report outlining any potential risks or damage that may be caused. The report will also provide recommendations for any further action that needs to be taken to ensure that the wall is safe.
In some cases, the surveyor may advise against proceeding with the work altogether. If this happens, then the surviving party may need to consider alternative solutions or abandon the project altogether.
In conclusion, if one of the parties involved in a party wall agreement dies before the work is completed, then new negotiations and agreements will need to be made with the legal representatives of the deceased party. If the executor is happy for the work to continue, then written consent will need to be provided. If the executor is not happy, then an independent surveyor may need to be appointed to assess the proposed work and provide recommendations. Ultimately, the safety of both properties will always take priority, and alternative solutions may need to be considered if the work cannot be carried out safely.