Month: October 2019

Party Wall act Interpretation Party Wall Surveyors must interpret the act via its wording, case law, section 20; interpretation and its spirit which is contained within its second reading in the house of Lords https://api.parliament.uk/historic-hansard/lords/1996/jan/31/party-wall-bill-hl The spirit of the act is as follows: Extend from London to England and Wales Jurisdiction to Party Wall Surveyors To… Continue reading Interpretation & Spirit of the Party Wall Act

Party Wall Case Law Case Law – The Party Wall Act came into being in 1996; however it stands on the shoulders of over a hundred years of Party Wall case law and statute.  Case law is the interpretation of statute by reference to precedent.  The case law maker, the modern judge is required not to… Continue reading Party Wall Act Case Law

Avoiding a monopolistic Party Wall Institution and Why Section 20’s purpose is to ensure healthy competition, ethical behavior and fairness. If there was only one Party Wall Institute/organisation fees would escalate (monopoly pricing) as would unsavory and unethical networks, the unnecessary use of professionals such as checking engineers etc. and the monopolistic institute/organisation would select… Continue reading Avoiding a monopolistic Party Wall Institution

Methods of Serving Party Wall Notices, Awards etc Section 15 of the act describes methods for serving notices, awards etc required under the act. Party Wall Surveyors were trained to pedantically follow the methods of serving and did so – this is probably due to their lack of understanding of the law and how to… Continue reading Methods of Serving Party Wall Notices, Awards etc

What is a Party Wall Dispute and how is it settled? A party wall dispute arises or is deemed to have arisen in given circumstances as described within the act: Described as arises 1 New building on line of junction. 1 (8)   Where any dispute arises under this section between the building owner and any… Continue reading What is a Party Wall Dispute and how is it settled?

Set dates and methods for serving notices under the Party Wall Act 1 New building on line of junction – Section 1 Notices 1 (2) If a building owner desires to build a party wall or party fence wall on the line of junction he shall, at least one month before he intends the building… Continue reading Set dates and methods for serving notices under the Party Wall Act

Building Owner and Adjoining Owner defined as per the Party Wall Act Section 20 of the Party Wall Act defines Building Owner as: “building owner” means an owner of land who is desirous of exercising rights under this Act; Section 20 of the Party Wall Act further defines Adjoining Owner as: “adjoining owner” and “adjoining… Continue reading Building Owner and Adjoining Owner defined as per the Party Wall Act

Party Wall Notices are Time Limited Notices served prior to the commencement of works, must be served, in the case of section 2 works, 2 months in advance and in the case of Section 1 and 6 works 1 month in advance. The notices will cease to have effect (time expired) as per the act… Continue reading Party Wall Notices are Time Limited

Party Wall Notices, Requests & Call upons The act allows for notices and requests to be served as a legal requirement prior to doing something which shall be served in accordance with Section 15, but notably Section 15 is not enforceably prescriptive.  If you fail to serve notices you can not legally proceed with your… Continue reading Party Wall Notices, Requests & Call upons

Dealing with Party Wall Surveyors who are not fit for purpose Section 10 (6) and 10 (7) of the act foresees and allows for inadequate Party Wall Surveyors if an owner fails in due diligence in their appointment. (6)If a surveyor refuses to act effectively, the surveyor of the other party may proceed to act ex… Continue reading Dealing with Party Wall Surveyors who are not fit for purpose