Taylor Mitchell Blog

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 >>

The next step in the party wall process after surveyors (or an Agreed Surveyor) have been appointed is the recording of the condition of the adjoining owner’s property; referred to as a schedule of condition. This is not part of the formal process, as in it’s not referred to anywhere within the Act, but it is routinely done and could prove ... Read more >>

To understand the purpose of a party wall award it's necessary to take a step back and appreciate where it fits within the procedures set out in the Act. Where a party wall notice has been served and has not been consented to by the affected adjoining owner a dispute arises. Both the building owner and the adjoining owner must appoint a surveyor ... Read more >>

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 >>

It’s the response that most worries owners notifying their neighbours of works falling under the Party Wall Act - not only a dissent but the appointment of a separate surveyor. I know of a couple of examples where a building owner has simply cancelled their works as a result, which seems extreme, but the loss of control really does seem to ... Read more >>

Where an adjoining owner dissents to a party wall notice they have two options; appoint a surveyor of their choice or concur with the building owner in the appointment of a single Agreed Surveyor. In terms of cost, the appointment of an agreed surveyor will generally be cheaper than having two separate surveyors (I say ‘generally’ as the ... Read more >>

The desired outcome for any owner serving party wall notices is a consent – it allows them to take advantage of the benefits of the Act, such as the right of access, without having to stump up for surveyors’ fees. However, adjoining owners consenting to party wall notices is still a relatively rare thing, I’ve not run the numbers but my ... Read more >>