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Appointing Owner: Owner of a mid-terraced house in Highbury, London N1Proposed work: Side return extensionNotice date: 4th February 2011 Background: We were approached by an architect to provide a fee proposal for his client who was planning to add a modern Garden Room alongside the existing back addition of his mid-terrace property. The ... Read more >>

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.The Adjoining Owner’s immediate ... Read more >>

Question 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 ... Read more >>

Question Does the Adjoining Owner’s surveyora)    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 ... Read more >>

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

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 >>

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 >>

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 >>

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 ReplasteringWhich of the following ... Read more >>

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 >>