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
Agreed Party Wall Surveyor In a small and simple domestic situation, where minimal disturbance to the party wall is likely, an agreed surveyor can be a sensible and cost-effective option for the parties. Section 10 (1) (a) of the states: Where a dispute arises or is deemed to have arisen between a building owner and… Continue reading Agreed Party Wall Surveyor
The Statutory & Quasi-Judicial role of the Party Wall Surveyor A building owner has extensive rights under the party wall act including rights to entry but to exercise these rights they must serve notices upon any affected adjoining owner. The adjoining owner then has reciprocal rights. When a dispute arises both owners must select a surveyor and then the first duty… Continue reading The Statutory & Quasi-Judicial role of the Party Wall Surveyor
Recent Judicial Review supports the need for a Learned professional institute for Party Wall Surveyors and highlights why most current institutes, clubs, learned groups and professional organisations may not be able to fulfil that role argues Bruce Spenser MSc MCIOB.
The Ben act & Case no:  EWHC 1240 (Admin)* – are there any similarities?: http://www.legislation.gov.uk/ukpga/2019/26/enacted/data.htm by the use of 2 Conditional hypotheses ( Section 1 and 2) attempts to fix the entire situation, in law, in the state of the parties’/party’s (Benn and his remain supporters) expectation at the time of reference as did the appealed (and set aside) Party Wall Award; Obiter “For better or worse, the award cannot, properly be made to fix the entire situation”.
A Chartered Professional Party Wall Surveyor and Building Surveyor has a practice relevant degree and is a member of a Chartered institute but it doesn’t end there, indeed that is just the beginning; A professional is not only required by their Institute but should be so trained and disciplined to constantly reflect on the services they offer and to reflect and study on anything which they can not take in their stride until they can: and what better way to do this than to share these reflections via posts and blogs with fellow professionals, students and clients and potential clients via a feedback blog: