Latest Blog Posts

A New Way to Resolve Boundary Disputes

Friday, 5th April 2013

Categories: Party Walls Surveying
You’ve probably read newspaper articles about warring neighbours who’ve spent tens of thousands of pounds going to court over a 6 inch strip of land. Until now boundary disputes have been dealt with by the courts and the lack of a statutory framework means that costs often escalate to level well in excess of the value of the land that is being argued over. Fortunately, that may be about to change.

Justin Burns

Subterranean Development Bill

Saturday, 4th August 2012

Categories: Party Walls Surveying
The Subterranean Development Bill was originally an amendment to the Localism Bill sponsored by Lord Selsdon and drafted by members of the Pyramus & Thisbe Club.

Justin Burns

Light Issues and the Party Wall Act

Thursday, 31st May 2012

Categories: Party Walls Surveying
Many adjoining owners wrongly assume that a potential injury to their light is a matter that should be discussed by the appointed surveyors.

Justin Burns

Party Wall and Other Disputes

Wednesday, 2nd May 2012

Categories: Miscellaneous Party Walls Surveying
In statutory areas like the Party Wall etc. Act 1996, as with many property law related matters, procedures and time limits are important. Failure to comply with procedures, as outlined elsewhere on this blog, can prove to be extremely costly. So, remember to take advice about procedures to avoid falling foul of the law on a technicality...

Darlington Solicitors

How Using a Cheap Party Wall Surveyor Can Substantially Add to Your Costs

Thursday, 23rd February 2012

Categories: Party Walls Surveying
I recently received an email from an owner who wanted me to look at a party wall award he’d recently received from his appointed surveyor and tell him what my fee would be for producing an identical document.

Justin Burns

An Overview of Section 12 of the PWA – Part 2

Thursday, 29th September 2011

Categories: Party Walls Surveying
In the first half of this post I looked at how Section 12 of the Act, relating to Security for Expenses, is administered. I explained how such a request is made and the logistics of setting up a fund. In this final part I will look at when it is appropriate to make a request and how the level of security should be determined...

Justin Burns

Case Study – Party Wall Award as Agreed Surveyor

Thursday, 22nd September 2011

Categories: Case Studies Party Walls Surveying
The Adjoining Owner to the side where the extension was to be constructed had themselves built a rear extension in recent years which included a party wall i.e. a wall built astride the boundary. Being a party wall it was available for the Building Owner’s use...

Justin Burns

Don't be Left Holding the Baby - Section 12 of The PWA

Friday, 16th September 2011

Categories: Party Walls Surveying
The Party Wall Act grants wide ranging rights to Building Owners, for example, an Adjoining Owner can be happily going about his business when a notice drops on the doormat informing him that in 2 months time his neighbour will demolish the wall that divides their properties; whether he likes it or not.

Justin Burns

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

Diary of an APC candidate: The Story So Far

Tuesday, 30th November 2010

Categories: Party Walls Surveying
During the first 6 months of my APC the 'hands on' experience that I have gained has been broadly split between 2 areas of work; Party Wall Matters and Pre Purchase Surveys.

Bradley MacKenzie MRICS MSc MFPWS

Using the Party Wall Act to Delay a Neighbour's Works

Wednesday, 27th October 2010

Categories: Party Walls Surveying
I received an email earlier this week from a lady who was concerned that her neighbour was going to use The Party Wall Act to delay the building of her rear extension.

Justin Burns

Leaseholders and The Party Wall Act

Wednesday, 21st July 2010

Categories: Party Walls Surveying
Complying with the Party Wall Act can get really expensive if the adjoining properties are converted flats

Justin Burns

When is an Interim Injunction Justified to Stop Work to a Party Wall?

Thursday, 15th July 2010

Categories: Party Walls Surveying
It’s always difficult to advise people who call us up when a neighbour has started work which comes within the scope of the Party Wall Act but have not served the required notice.

Justin Burns

What to do when your Neighbour Ignores The Party Wall Act

Friday, 23rd October 2009

Categories: Party Walls Surveying
We get 2 or 3 calls most weeks from people that have a neighbour that has gone ahead with work which comes within the scope of the Party Wall Act without serving notice.

Justin Burns

The Party Wall Act – Common Misunderstandings

Wednesday, 5th August 2009

Categories: Party Walls Surveying
The Party Wall etc. Act 1996 has been with us for thirteen years but it is still clear that the public has, at best, a tenuous grip on its details. I have outlined a few of the most common misunderstandings below.

Justin Burns

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