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
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
Professional fee's are an important consideration regardless of the size of the project, however having the right team on board from the offset can pay dividends, financially and for ones sanity as this article demonstrates from the 2017 County Court case of Reeves vs Young (& Co) where spiralling Party Wall related costs mount up astronomically. We take a look at the matter from a party wall surveyors perceptive and offer advice and guidance to those seeking the services of
The main causes of building defects Building surveyors across all sectors are routinely tasked with investigating building defects to commercial and residential portfolio's. By understanding how some of these errors can occur, the surveyor can be mindful not to repeat such practices. TK Surveying Group have compiled a range of common reasons as to why defects may arise. Not in any particular order. 1. Water Although under-rated as the primary agent of decay and deterioration.