Taylor Mitchell Blog

Choosing the Right Survey (Pinned)

Sunday, 23rd July 2023 | by: Justin Burns

In recent years, the RICS have tried make life easier for homebuyers by insisting that members benchmark their survey reports. Every report must be allocated a Level between 1 and 3. The RICS have produced a set of templates but members are also free to use their own as long as it is clear to clients which level of report they are ... Read more >>

An Overview of Party Wall Procedures (Pinned)

Sunday, 5th February 2023 | by: Justin Burns

The Party Wall etc. Act 1996 sets out a framework to facilitate works that have the potential to affect shared structures or adjoining properties but seeks to ensure that such works are undertaken without adjoining owners and occupiers suffering unnecessary inconvenience. This balance is achieved by requiring the party intending to undertake ... Read more >>

What Happens Upon Completion of Party Wall Works?

Saturday, 25th November 2023 | by: Justin Burns

I’ve said many times during this series of posts covering party wall procedures that the Award is the document that resolves the dispute which arose when the notice(s) were dissented to so, as far as the surveyors are concerned, should that not be the end of the matter? Not always. Section 10 of the Act, the Section that deals with the ... Read more >>

Designing to Avoid the Party Wall Act

Saturday, 11th November 2023 | by: Justin Burns

Owners wishing to extend or alter their home often see the Party Wall Act as a bit of a headache or an opportunity for the neighbours to interfere with their plans.  The Act is actually designed to facilitate building works by conveying rights on owners allowing them execute certain works but sometimes it doesn't feel like that to an owner who ... Read more >>

Further Awards and The Party Wall Act

Saturday, 28th October 2023 | by: Justin Burns

If you’re familiar with party wall procedures you’ll know that the award is the document produced by the surveyor(s) to resolve the dispute which arose when an adjoining owner dissented to the notice(s) but that's not always the end of the story. The 6th Edition of the RICS template award included a clause stating that the surveyors ... Read more >>

What to do when not all the Works are covered by the Act

Saturday, 14th October 2023 | by: Justin Burns

Party wall procedures are built around a sequence laid down in the Act - the proposed work must one of the rights provided within the Act, those works must be formally notified to any affected adjoining owners and if the notices are dissented to, surveyors must be appointed to draw up an award authorising the works. Occasionally a building ... Read more >>

Working hours and the Party Wall Act

Saturday, 30th September 2023 | by: Justin Burns

Section 10(12) of the Party Wall etc. Act 1996 confirms that an award may cover the ‘time and manner of executing any work’. As one of the key principles of the Act is to avoid adjoining owners suffering unnecessary inconvenience, it is logical that the appointed surveyor(s) should have this power. This is the relevant clause from the RICS ... Read more >>

Reserving Issues in a Party Wall Award

Saturday, 16th September 2023 | by: Justin Burns

In an ideal world the appointed surveyors would have all the information they require available and be in a position to cover all aspects of the work in detail in the award but there are situations where that is either not possible or pragmatic. We refer to these as ‘reserved matters’ i.e. a matter where some additional information is required ... Read more >>

Signing and Serving Party Wall Awards

Saturday, 2nd September 2023 | by: Justin Burns

When a party wall award has been agreed it should be served on the owners without delay, or ‘forthwith’ as the authors of the Act put it, but how does that happen in practice? Until section 15 of the Act was amended by the Electronic Communications Act in 2016, all awards were generally served either by post or in person. The typical ... Read more >>

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