Party Wall Agreements - Advantages Please

[AliCat13]

My neighbour has built a two storey extension alongside my single storey ext and his wall is attached to my roof. Before I go to the expense of getting a party wall surveyor out to say whether it needs said agreement can anyone advise me of the advantages of making the neighbour take out the agreement after the works have been completed. Thanking you in advance x 

[Atheist]

I think it should have been done before the building went up. Googling 'Party Wall Act'should give you info.

[bednobs]

are you broadly happy with it?  did it cause any damage?

[Buenchico]

From the Home Owners' Alliance:
https://hoa.org.uk/advice/guides-for-homeowners/i-am-improving/party-wall-agreement/

. . . and the Federation of Master Builders:
https://www.fmb.org.uk/find-a-builder/ultimate-guides-to-home-renovation/party-wall-agreements-what-you-need-to-know.html

[jackthehat]

I am not sure how a PWA after the fact would work.

You neighbour should have ensured that there was a PWA in place before the work started.

[AliCat13]

The point is, he just went ahead and did it. I know it should have been done before work started. I am asking whether it is to my advantage to make him sort one in retrospect... will it effect the sale of my house in future, will it strengthen my position re future problems it may throw up because of it etc 

[Buenchico]

"What happens if I don't serve a Party Wall Notice?", in my FMB link above, shows that your neighbour has put himself at a disadvantage in any future dispute that might occur between the two of you.  So you seem to be better off than if a PWN had been put in place, meaning that you've got little to gain from seeking a retrospective agreement (even if that's actually possible anyway).

[The Builder]

Although a PWN is not actually required by law, it is a statutory obligation. You don't say if he is willing to apply for a retrospective agreement. If he isn't, then you would have to start legal proceedings.........  which you definitely don't want. Costly and messy.

Assuming you've been resident throughout, a Court might well consider that you have given your permission by default....  i.e. your silence. Therefore you have suffered no 'loss'.  He's still at fault though by not getting the PWN though. However, I would imagine only the Local Authority could pursue him... not you.

If you get into ANY sort of barney with the neighbour, it could easily be to the detriment of any future sale. A retrospective agreement CAN be applied, but it may well mean having a surveyor each. 

I agree with Chris(Buenchico) and the others... it's rather too late now. Lawyers on both sides could make this run and run unless the neighbour does agree to go for a retrospective. I do hope that Building Control were involved in the work. I'm thinking particularly about the roof link.