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Hello forum members
Background: I own a house converted into two flats in the UK. Around 5 years ago I obtained planning approval to build a loft conversion for the upper flat. I was overseas at the time and it was incredibly difficult to make contact with the owners of the flats to one side to be able to know where to serve notices. The details with the land registry were outdated. It was my first project and I stupidly listened to my builder who said he spoke to the owner on the other side who was fine with the works and most people don't bother with party wall agreements - 'they're a waste of time!', his exact words, and I should just go ahead. I started the work in late 2019 and it finished in mid 2020 (it took longer than expected due to you know what!). Not at any point during the works did neighbours raise any concerns nor have they since, including any claims of damage. As far as I am aware the works have been carried out to a high standard and were signed off by building regs. However, it's always played on my mind a bit and I have since done another conversion somewhere else and went through the long, expensive and arduous process of getting a party.
I am now considering selling the upstairs at some point in the next few years (I've had enough of the rental game!) and was wondering the following:
1) From what I can gather once works complete the party wall only really serves to document the condition of adjoining properties prior to works commencing. However, lets say one of the neighbours bought a claim against me wouldn't they still need to prove that any damage was caused by the works I carried out. Am I right in thinking it just puts me on the backfoot as I wouldn't be able to prove that the damage wasn't there before the work started.
2) I know certain legal actions are limited to 6 years under the stututory period of limitation. Would that apply here or could i potentially be liable for damage claims forever? Presumably, the longer it goes on the less likely a neighbour could claim any damage was caused by my works?
3) Would this complicate the sales process if i decided to sell or could a future purchase just by indemnity insurance?
Appreciate some of these are legal - not DIY questions - but any thoughts / suggestions welcome.
Background: I own a house converted into two flats in the UK. Around 5 years ago I obtained planning approval to build a loft conversion for the upper flat. I was overseas at the time and it was incredibly difficult to make contact with the owners of the flats to one side to be able to know where to serve notices. The details with the land registry were outdated. It was my first project and I stupidly listened to my builder who said he spoke to the owner on the other side who was fine with the works and most people don't bother with party wall agreements - 'they're a waste of time!', his exact words, and I should just go ahead. I started the work in late 2019 and it finished in mid 2020 (it took longer than expected due to you know what!). Not at any point during the works did neighbours raise any concerns nor have they since, including any claims of damage. As far as I am aware the works have been carried out to a high standard and were signed off by building regs. However, it's always played on my mind a bit and I have since done another conversion somewhere else and went through the long, expensive and arduous process of getting a party.
I am now considering selling the upstairs at some point in the next few years (I've had enough of the rental game!) and was wondering the following:
1) From what I can gather once works complete the party wall only really serves to document the condition of adjoining properties prior to works commencing. However, lets say one of the neighbours bought a claim against me wouldn't they still need to prove that any damage was caused by the works I carried out. Am I right in thinking it just puts me on the backfoot as I wouldn't be able to prove that the damage wasn't there before the work started.
2) I know certain legal actions are limited to 6 years under the stututory period of limitation. Would that apply here or could i potentially be liable for damage claims forever? Presumably, the longer it goes on the less likely a neighbour could claim any damage was caused by my works?
3) Would this complicate the sales process if i decided to sell or could a future purchase just by indemnity insurance?
Appreciate some of these are legal - not DIY questions - but any thoughts / suggestions welcome.
