The Party Wall etc. Act 1996 has been with us for almost twenty-five 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:My extension will be on my own land so the Act does not apply.Section 6 of the Party Wall Act covers adjacent ... Read more >>
Categories: Party Walls, Surveying
In an ideal world the appointed surveyors would have all the information they require available and be in a position to cover all aspects of the work in detail in the award but there are situations where that is either not possible or pragmatic. We refer to these as ‘reserved matters’ i.e. a matter where some additional information is required ... Read more >>
Categories: Party Walls
When a party wall award has been agreed it should be served on the owners without delay or ‘forthwith’ as the authors of the Act put it but how does that happen in practice?Until section 15 of the Act was amended by the Electronic Communications Act in 2016 all awards were generally served either by post or in person. The typical procedure ... Read more >>
Categories: Party Walls
A recent survey found that almost three in five (59%) said that after lockdowns lift, they would like to work from home some or all of the time in their current job. The creation of a home office space is therefore going to be a priority for many people in the months ahead. If you have the luxury of a spare room that’s great but won’t be the ... Read more >>
Categories: Party Walls
If you’re familiar with party wall procedures you’ll know that the award is the document produced by the surveyor(s) to resolve the dispute which arose when an adjoining owner dissented to the notice(s) but that's not always the end of the story.The 6th Edition of the RICS template award included a clause stating that the surveyors ... Read more >>
Categories: Party Walls
Section 10(12) of the Party Wall etc. Act 1996 confirms that an award may cover the ‘time and manner of executing any work’. As one of the key principles of the Act is to avoid adjoining owners suffering unnecessary inconvenience, it is logical that the appointed surveyor(s) should have this power. This is the relevant clause from the RICS ... Read more >>
Categories: Party Walls
Party wall procedures are built around a sequence laid down in the Act - the proposed work must be a right provided, those works must be formally notified to any affected adjoining owners and if the notices are dissented to, surveyors must be appointed to draw up an award authorising the works.Occasionally a building owner will desire access ... Read more >>
Categories: Party Walls
To understand the purpose of a party wall award it's necessary to take a step back and appreciate where it fits within the procedures set out in the Act. Where a party will notice has been served and has not been consented to by the affected adjoining owner a dispute arises. Both the building owner and the adjoining owner must appoint a surveyor ... Read more >>
Categories: Party Walls
Even if the Covid-19 restrictions start to be eased later this month, the 1.5 million people designated as ‘clinically vulnerable’ will have to remain shielded until at least the middle of June and potentially much longer. That poses a particular problem for property owners within this group whose neighbours plan to commence building works ... Read more >>
Categories: Party Walls
The Government has confirmed that building work may continue during the current lockdown so long as the temporary Site Operating Procedures (SOP) are complied with. I therefore thought it might be helpful for those at the various stages of planning a building project to consider the impact on party wall procedures.If your designer has already ... Read more >>
Categories: Party Walls