Taylor Mitchell Blog

This is the last in a series of posts covering the rights of access granted by the Party Wall etc. Act 1996.  Today I’m going to look at what happens when things don’t go to plan. I’ve always been surprised at just how robust the Act is in terms of ensuring that a building owner can take advantage of their rights of access. The main ... Read more >>

It’s considered good practice to record the condition of the parts of an adjoining owner’s property that are at risk from works falling within the scope of the Act prior to those works commencing. Such a record will be invaluable if damage is reported either during of following the works. Unfortunately, if an adjoining owner decides not to ... Read more >>

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 >>