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Latest blog posts

Party Wall Questions #10

Saturday, 3rd September 2011 | by: Peter Barry

Question 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 ... Read more >>

Party Wall Questions #9

Wednesday, 31st August 2011 | by: Peter Barry

Question 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)? Where an Adjoining Owner will not give consent for Special Foundations can they ... Read more >>

Party Wall Questions #8

Thursday, 25th August 2011 | by: Peter Barry

Question 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? This is another question that was raised at a recent FPWS North London ... Read more >>

Party Wall Questions #7

Wednesday, 17th August 2011 | by: Peter Barry

Question The Government Explanatory Booklet lists certain jobs as being so minor they do not warrant the serving of a notice: Drilling into a party wall to fix plugs and screws for ordinary wall units or shelving Cutting into a party wall to add or replace recessed electric wiring and sockets Replastering Which of the following ... Read more >>

Party Wall Questions #6

Thursday, 17th March 2011 | by: Peter Barry

Question 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? This is another question that was raised at a recent FPWS North London forum ... Read more >>

Party Wall Questions #5

Tuesday, 15th March 2011 | by: Peter Barry

Question 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? This ... Read more >>

Party Wall Questions #4

Saturday, 12th March 2011 | by: Peter Barry

Question 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. No ... Read more >>

Party Wall Questions #3

Tuesday, 1st February 2011 | by: Peter Barry

Question 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? This is another question that was raised at a recent FPWS North London forum meeting which I ... Read more >>

Party Wall Questions #2

Wednesday, 26th January 2011 | by: Peter Barry

Question 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 ... Read more >>

Party Wall Questions #1

Saturday, 22nd January 2011 | by: Peter Barry

Question 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 (see sketch below) – does he have a right of access on to the roof of the Adjoining Owner’s property to apply hanging tiles/flashings? Could the Adjoining Owner ... Read more >>