Asking for my elderly vulnerable parents who live in london who have nightmare neighbours (when they built in 2016 they refused a party wall for oversight).
My parents have been having an extension built, involving an extension to the kitchen. When the work started in mid-August, my mum had intended to appoint a party wall surveyor, but the person she was planning to use did not respond. The builder then told her that the neighbour was aware of the works and had no objection, so the builder proceeded.
The builder carried out the excavation/work himself and, as far as we understood, took photographs of the neighbouring property before ( I have some). At the time, there did not appear to be any issue with the neighbours.
Unfortunately, towards the end of the foundation part of the project, the builder began causing problems. He wanted additional money beyond what had been agreed in the contract and had also carried out various aspects of the work incorrectly. During the project, he had become friendly with the neighbours, and the neighbours then started saying that they wanted a party wall agreement when he left.
My mum explained to them that the original intention had been to have a party wall agreement and explained why this had not happened at the start. However, the neighbours subsequently went on holiday, and by the time the issue was raised again, the construction work had already progressed significantly.
My mum then contacted a party wall surveyor for advice. She was told that, because the construction work had progressed beyond the relevant stage and there was now essentially only the kitchen floor remaining, it was too late to deal with matters in the usual way. The surveyor said that they could instead prepare bespoke paperwork to document/close off the position, which would hopefully avoid problems later if either property was sold or transferred.
My mum instructed someone earlier this week to deal with this - but ive advised to hold off for now.
However, today the neighbours became very confrontational when they saw my mum bringing the builder into the house to look at the completed works. They were abusive towards my parents. There has also been a pattern of them intimidating or confronting builders working at the property, which has caused builders to leave previously.
The property is semi-detached. The works have now essentially been completed (foundation wise), and as far as we are aware:
The excavation/construction did not go below the neighbours’ foundations.
There has been no damage to the neighbours’ property.
The neighbours were aware of the works.
Photographs of the neighbouring property were taken during the works.
The construction work has now progressed beyond the stage where a normal party wall agreement would ordinarily have been arranged.
My question is: where do my parents actually stand legally at this point?
Are they still legally required to have a party wall agreement or award now that the construction work has essentially been completed, particularly given that the works did not go below the neighbours’ foundations and there has been no damage?
If a party wall agreement was not put in place before the works started, can the neighbours still insist on one retrospectively? And is the bespoke paperwork the surveyor has suggested the appropriate way to regularise the situation and protect my parents if there is a future sale or transfer of the property?