Blog Party Wall Questions

Party Wall Questions #13

Saturday, 3rd September 2011

Categories: Party Wall Questions Party Walls Surveying
A pair of semi-detached houses have each been converted in to flats. The flats are each held on long leases with the Freeholds owned by investment companies. The owner of one of the top floor flats proposes to convert their roof space - the work requires 3 beams to be cut in to the party wall. Which Owners should be served with a notice?

Justin Burns

Party Wall Questions #12

Saturday, 3rd September 2011

Categories: Party Wall Questions Party Walls Surveying
Question Does the Adjoining Owner’s surveyor a) Have any responsibility to ensure that the design of the notified works is adequate? b) Have any power to insist that structural calculations etc. are checked by an engineer acting for the Adjoining Owner and that the Building Owner pays the cost of that engineer's fees?

Justin Burns

Party Wall Questions #11

Saturday, 3rd September 2011

Categories: Party Wall Questions Party Walls Surveying
In light of Kaye v Lawrence can the panel give some examples of the types of work to a residential property that would constitute a reasonable request for Security for Expenses in accordance with Section 12 of the Act?

Justin Burns

Party Wall Questions #10

Saturday, 3rd September 2011

Categories: Party Wall Questions Party Walls Surveying
A Building Owner’s basement conversion works damage the party wall to such an extent that the remedy is partial re-building. The Adjoining Owner elects to receive a payment in lieu of the repair as they don’t trust the Building Owner’s contractor to undertake the works. Prior to carrying out the repair does the Adjoining Owner (now Building Owner) need to serve notice on the Building Owner (now Adjoining Owner)?

Justin Burns

Party Wall Questions #9

Wednesday, 31st August 2011

Categories: Party Wall Questions Party Walls Surveying
If a Building Owner appoints a surveyor on behalf of an Adjoining Owner in accordance with Section 10(4) can that surveyor give consent for special foundations on behalf of the Adjoining Owner (or can they if it is in the best interests of both buildings)?

Justin Burns

Party Wall Questions #8

Thursday, 25th August 2011

Categories: Party Wall Questions Party Walls Surveying
An Adjoining Owner is served with a notice just days before they are due to exchange contracts on the sale of their property. Do they have a duty to make the incoming Owner aware of the notice and if they consent is the incoming Owner bound by that consent?

Justin Burns

Party Wall Questions #7

Wednesday, 17th August 2011

Categories: Party Wall Questions Party Walls Surveying
The Government Explanatory Booklet lists certain jobs as being so minor they do not warrant the serving of a notice...Which of the following works would you put in the same category?

Justin Burns

Party Wall Questions #6

Thursday, 17th March 2011

Categories: Party Wall Questions Party Walls Surveying
A leasehold owner of a ground floor flat proposes to underpin the rear external walls (not party walls) of their property. What notice(s) should be served on the Freeholder and the leaseholder of the flat above and what part(s) of the Act apply?

Justin Burns

Party Wall Questions #5

Tuesday, 15th March 2011

Categories: Party Wall Questions Party Walls Surveying
What factors should a Surveyor consider when setting the hourly rate to use when calculating expenses for Adjoining Owner appointments? When a proposed fee appears excessive should a Building Owners’ surveyor ask the Adjoining Owner’s surveyor to justify their hourly rate as well as the number of hours on their time sheet?

Justin Burns

Party Wall Questions #4

Saturday, 12th March 2011

Categories: Party Wall Questions Party Walls Surveying
I recently arranged to meet a Building Owner’s surveyor on site to prepare a schedule of condition only to find that the foundations to the proposed rear extension had already been excavated and cast. In light of recent case law were we within our rights to produce an Award authorising the excavation work retrospectively.

Justin Burns

Party Wall Questions #3

Tuesday, 1st February 2011

Categories: Party Wall Questions Party Walls Surveying
Can a Building Owner cast a new mass concrete foundation above and alongside the projecting concrete foundation to an existing party wall and connect the two foundations with a dowel (known as ‘overpinning’) without serving notice?

Justin Burns

Party Wall Questions #2

Wednesday, 26th January 2011

Categories: Party Wall Questions Party Walls Surveying
An Owner of a terraced house wishes to convert his original first floor balcony to an additional room. The balcony is built against an original party wall which is enclosed on the Adjoining Owner’s side - the balconies were built on the same side of each house in the terrace. Would Section 11(11) expenses be payable to the Adjoining Owner?

Justin Burns

Party Wall Questions #1

Saturday, 22nd January 2011

Categories: Party Wall Questions Party Walls Surveying
An Owner plans to add an additional floor to the back addition of his late Victorian terraced house by raising a studwork wall against the existing party parapet wall – does he have a right of access on to the roof of the Adjoining Owner’s property to apply hanging tiles/flashings?

Justin Burns

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