Year: 2019

Rights of Party Wall Building Owners which require served notices Rights of Building Owners – Section 1 Rights (a) build a party wall or party fence wall on the line of junction (b) place below the level of the land of the adjoining owner such projecting footings and foundations as are necessary for the construction… Continue reading Rights of Party Wall Building Owners

Rights of Party Wall Adjoining Owners Rights of Adjoining Owners – All statutory, regulatory and common law rights which are not suspended by the act and all rights of the Building Owner if they wish to exercise them.   Click for sample Notices, agreements, Awards, covering letters etc  

Raising a Party Wall Downwards Out of interests I attended an organisation event where I witnessed a seemingly serious discussion on whether it was possible to raise a Party Wall downwards.  At the front of the hall the grandees sat and advised the assembled throng – this resulted in the following post on the subject,… Continue reading Raising a Party Wall Downwards

Party Wall Payments for Works Done If you have raised your parapets for a loft extension/built a Party Wall  and the adjoining owner wants to enclose upon the wall you can claim payment for its use.  If the Building Owner wishes to enclose upon your wall similar payments should be negotiated.

Party Wall Award The Party Wall Award is a legal document will be drawn up and agreed by the two Surveyors or the agreed surveyor or any two of them (this includes the third surveyor) which will determine how the works will be carried out.  A valid award will not be interfered with by any… Continue reading Party Wall Award

Party Wall Notices Valid Party Wall Notices must be served by the person who wishes to exercise rights under the act (see rights) You have a number of options when receiving served notices:  to do nothing, to agree to the building owner’s party wall surveyor as the agreed surveyor or to appoint their own Party… Continue reading Party Wall Notices

Party Wall Injunctions Injunctions – If works are started which should have been the subject of a party wall notice the adjoining owner may consider an injunction whilst the Building Owner correctly serves notices. You should contact a lawyer – you are on very strong ground (unlike your party wall).  The case of Udal v Dutton 2007… Continue reading Party Wall Injunctions

Guide to the Party Wall Act Introduction This is a brief guide to the party wall act by Bruce Spenser MSc MCIOB intended for owners, students and those aspiring to be Party Wall Surveyors – It is not intended to be relied upon in a legal context and should not be. The Party Wall Act is a reflection of the… Continue reading Guide to the Party Wall Act

Party Wall Act – Electronic Communications Electronic Communications – The Party Wall etc. Act 1996 (Electronic Communications) Order 2016 amends Section 15 and allows with the permission of the individual owners the serving of documents by electronic means. This will reduce the cost to the Building Owner and should be encouraged. Add the following to all… Continue reading Party Wall Act – Electronic Communications

Chronology of the Party Wall Act 1086– Domesday Book – the Great Survey – ordered by William the Conqueror 1667– London Building Act – introductionof Surveyors 1707– 1709 London Building Acts LondonBuilding Acts – modelled throughout country 1844– Metropolitan Building Act 1854– Common Law Procedures – the three surveyor tribunal 1855– Metropolitan Building Act –… Continue reading Chronology of the Party Wall Act