Is There Such Thing as a Retrospective Notice?

by The Party Wall Surveyor

Question

I served my neighbour with a party wall notice in early 2008 for a loft conversion. It was not agreed, as they did not want the dormer to be joined to their own existing dormer. The work did not commence until September 2009 and is now complete. My project manager began the work without a signed party wall agreement, thinking he had a verbal agreement from the neighbours. I understand that the 2008 party wall notice has lapsed, and my neighbours should have been served with another notice. My project manager explained to the neighbours that because the properties are terraced with stairs running up the same wall, the gap between the dormers would only be a few inches, and it would be best for the gap to be tiled over to protect the gap from inclement weather. In addition, building control advised our builders to attach fireboarding to the side of the neighbours dormer for additional fireproofing, and so this all had to be protected by tiling over the gap.

My neighbours are disputing the finish as they want to see a gap on the outside. If they are able to be persuaded that tiling over the gap was the most sensible way to go, what do I now do about a party wall agreement. Is there some retrospective form of notice that I can use to obtain a signed agreement from my neighbours? How do I obtain a retrospective award? I am interested in doing this in the most cost efficient way.

Answer

As the works are now complete any agreement over finished would have to be negotiated outside of the Act between the 2 owners.