The matter of oral waiver of the obligations under the Party Wall etc. Act 1996 were considered in the Court of Appeal in Seeff & Seeff v Ho & Nu  Civ 186. Ho and Nu obtained planning permission but did not serve any notices under the Act based on the fact that they had received oral consent from their neighbour over the garden fence some twelve months prior During the course of works the Seeffs become aggrieved with the deviation of construction work and shortly after
What can you do if following the service of a Party Wall Award a neighbour refuses you access onto their land to undertake notifiable work? This question was asked in a recent telephone conversation from a frustrated building owner, ‘they are refusing access and the builders need to finish off and its causing delay and unnecessary expense, what can I do?’. Access Rights For most projects access is agreed amongst adjoining owners without issue and very little fuss, however, in
Are you concerned about your neighbour’s application for planning permission? Are you unsure about the process of objecting the planning application or how best to state your case? TK Surveying Group receive numerous quires from concerned building owners regarding neighbouring planning proposals and have accordingly written this article to help provide an overview of the process and procedures involved in objecting to planning applications. Registering an objection Step 1. F
The Party Wall etc. Act 1996 was enacted by parliament in order to regulate certain building works likely to impact adjoining buildings and structures. The first cog of this process is the 'Serving of Notice(s)'. The 1996 Act places a legal obligation in the first instance on the Building Owner who must serve Notice on their adjoining owner informing them of their intention to undertake works that fall within the framework of 1996 Act. There are three types of Notices and dep
What happens if damage occurs to an adjoining owners’ property as a result of neighbouring building work? The first point of call is to determine whether the adjoining owner has the benefit of legal protection offered by the Party Wall etc. Act 1996. Assuming: - A valid party wall Notice was received - Party Wall Surveyor/s were duly appointment - An Award was served it is likely that the adjoining owner will benefit from the legal protection offered under the Party Wall etc.
Did you know?.... If you intend to build within 3 metres of a public sewer you need to obtain approval from your waste water supplier? The following TK Surveying Group publication provides you with Top Ten Tips to ensure you project stays on track. #PartywallSurveyors #TKSurveyingGroup #HealthandSafety #Didyouknowguide #ThamesWaterBuildOverAgrement #wwwtksurveyinggroupcouk #NorthLondon #02082438981 #Poordesign #Architects #ThePartyWalletcAct1996
A ‘Party Fence Wall’ is a wall which sits astride the land of different owners and used to separate and define the land, often referred to as a boundary wall by building owners. Generally speaking a well-built masonry wall will require little to no maintenance for many many years. Fast forward 100+ years of exposure to the elements and naturally derived organic matter like mature trees and hedges, it’s no surprise that a number Victorian and Edwardian party fence walls are of