Taylor Mitchell Blog

Adjoining owners and occupiers must be compensated for any loss or damage which they may suffer as a result of works executed in pursuance of this Act. That’s fine, but establishing such a loss when it relates to access can be difficult for an adjoining owner. On a typical single storey rear extension, the access should last no more than a ... Read more >>

Section 8(1) of the Act confirms that the right of access provided by the Act only applies where it is ‘necessary’ so the best way for surveyors to safeguard adjoining owners and their properties is to not confer a right of access where it does not exist. And remember, “necessary” is not the same as convenient or less expensive. Beyond ... Read more >>

What happens when the owners in a party wall dispute appoint separate surveyors, but those surveyors fail to resolve the dispute? The answer is that they make a referral to the third surveyor. The role of the third surveyor is defined in section 10 of the Act so let’s look at the key points: 10(1)(b) confirms that “the two surveyors so ... Read more >>

In the previous post, we looked at the rights of access enjoyed by building owners where such was necessary to undertake works falling within the scope of the party wall act. Unsurprisingly, that access is subject to conditions and the most significant of those is the requirement to serve notice. The requirement is confirmed in Section 8 ... Read more >>

Building owners often complain about delays and additional expense caused by the party wall act but there are benefits and the most obvious is the right to access adjoining properties where such is necessary to undertake the works. The alternative would rely on the owners coming to an agreement and any surveyor that has been tasked with ... Read more >>

One of the more frustrating aspects of providing party wall advice is having to tell an adjoining owner whose neighbour has commenced work without serving notice that their only formal remedy is an interim injunction. The purpose of this post is therefore to provide some guidance to owners who find themselves in that situation and look at ways of ... Read more >>

I’ve previously written about owners’ concerns when their neighbour exercises their right to appoint a surveyor of their choice. As I explained in that post, the surveyor acting for the adjoining owner is not required to confirm their fee before they are appointed but must ensure that it is reasonable. In this post I will be looking at how ... Read more >>