Category: Party Wall Surveyor

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: [2019] 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:

Insurance v Escrow for Security for Expenses Section 12 of the act allows for an adjoining owner to require security for expenses which protects an adjoining owner should the Building Owner become insolvent or abandon the works.  Security used to placed in an escrow account, however PIB Insurance brokers have come to the fore and… Continue reading Insurance v Escrow for Security for Expenses

Finding your Building Surveyor or Party Wall Surveyor

Third Surveyor If two surveyors are appointed they must agree a third surveyor who can then be called upon to independently settle the dispute or settle the dispute with either of the two surveyors.  The act and its spirit require that the Third Surveyor is: ·         Competent ·         Non-partisan ·         Honest ·         Ethical ·         Academically… Continue reading Party Wall Third Surveyor – Bruce Spenser MSc MCIOB