Latest blog posts

Safeguards During Access under The Party Wall Act

Saturday, 11th May 2024 | by: Justin Burns

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 >>

Categories: Party Wall Procedures

Role of the Third Surveyor in Party Wall Matters

Saturday, 27th April 2024 | by: Justin Burns

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 >>

Categories: Party Wall Procedures

Notice of Access under The Party Wall Act

Saturday, 13th April 2024 | by: Justin Burns

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 >>

Categories: Party Wall Procedures

Rights of Access and The Party Wall Act

Saturday, 30th March 2024 | by: Justin Burns

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 >>

Categories: Party Wall Procedures

Interim Injunctions and the Party Wall Act

Saturday, 16th March 2024 | by: Justin Burns

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 >>

Categories: Party Wall Procedures

How Much Will Your Neighbour’s Party Wall Surveyor Charge?

Saturday, 2nd March 2024 | by: Justin Burns

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 >>

Categories: Party Wall Procedures

Options When Your Neighbour Fails to Serve a Party Wall Notice

Saturday, 17th February 2024 | by: Justin Burns

Prior to undertaking works falling within the scope of the Party Wall etc. Act 1996, owners have an obligation to formally notify the owners of affected adjoining properties and obtain their consent of go through the Act’s dispute resolution procedure. But what can an adjoining owner do if their neighbour fails to comply with that statutory ... Read more >>

Categories: Party Wall Procedures

Resolving Damage Disputes Under the Party Wall Act

Saturday, 3rd February 2024 | by: Justin Burns

I finished the penultimate post in this short series by explaining that, having assembled all the necessary supporting documentation, an adjoining owner should present the details of their damage claim to the building owner for consideration. I always recommend that the adjoining owner includes a date after which they will consider the claim to be ... Read more >>

Categories: Party Wall Procedures

Putting Together a Claim for Damage from Party Wall Works

Saturday, 20th January 2024 | by: Justin Burns

Where an adjoining owner suffers damage as a result of works notified under the Party Wall etc. Act 1996 they will generally have a choice between allowing the building owner or, in reality, the building owner’s contractor to make good and receiving compensation. In my experience, adjoining owners prefer to receive a payment then let the ... Read more >>

Categories: Party Wall Procedures

Reducing the Risk of Damage from Party Wall Works

Saturday, 6th January 2024 | by: Justin Burns

Surveyors appointed under the Act have an obligation to reduce the risk of damage to the adjoining owner’s property as far as reasonably possible but adjoining owners must also take reasonable steps to mitigate damage. If both play their part, any claims should be kept to a minimum. The surveyors’ obligation is set out in Section 7(1): A ... Read more >>

Categories: Party Wall Procedures

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