Case Study: Apportioning Cost's
In the first instance our client was first made aware of their neighbour's proposed building work when they received a hand delivered notice through their letter box.
TK Surveying Group have acted as Party Wall Surveyors in and around North London including Haringey, Enfield, Barnet, Chesnutt for over two decades and we had very recently undertaken two party wall appointments on the same terraced close.
The client requested a site consultation following a referral from their neighbour so that we could determine the proposed impact of the project and talk through the notices, technical drawings and their rights and obligations pursuant to the Party Wall etc. Act 1996.
During our site consultation, we noted the notice was invalid and furthermore according to the proposed building work additional notices were required for working on the line of junction under section 1 and the intended work on the party structure under section 3.
The adjoining owner duly appointed us with full authority so that we could safeguard their interest and indeed their property. Contact was made with both building owner and their appointed surveyor and following a discussion the Party Wall notices we served de novo.
It was agreed that we would allow the building owner to benefit from our client’s external wall which was built up to the boundary line. The alternate option would have seen extensive excavations, dubious construction work abutting our client’s property with the inherent danger associated with undertaking work on period properties which by nature require the application of diligent and tactful construction work.
Equally the building owner’s construction time and building costs was heavily reduced. He Accordingly, our client’s exposure to intrusive building work was marginalised.
As part of the award, costs were apportioned pursuant to section 11 of the Party Wall etc. Act. We compiled a detailed schedule of the work that would have taken place during the original construction process, including excavating and laying foundations, engineering bricks to DPC, DPM detailing and brickwork construction in London stock topped with a coping detail. The building owner compensated our client approximately £1700.00 for this benefit.
A schedule of condition and award was subsequently drafted, covenants were agreed to ensure that additional measures were implemented to safeguard our client’s property. Once the award was served, an interim inspection took place to ensure that agreed detailing was adhered to. The contractors done an excellent job, which restored my faith in humanity (just a bit!).
It should be noted that the purpose of the Act is to expedite building work whilst safeguarding the interests of those exposed to such building work. Where a conflict of interest arises i.e an architect who refuses to yield on offending, unnecessary detailing usually because of their (ego) passion for what they have created. This will only cost their client (who were sold on we can do it for you and it won’t cost you as much) in enhanced fee’s where expert advice is sought. The purpose of the Act is to marginalize unnecessary inconveniences. This was not the case in this instance as the surveyor was grateful for the pragmatic(free) expert construction advice. TK Surveying Group have an extensive defect analysis heritage this provides our clients with the reassurance that potential long term maintenance issues are addressed prior to building work, likewise damage caused during the building process is readily identifiable and our appointing owner/s can rest assure that erroneous claims for damages will be nullified, and actual damages will be restored duly to the status-quo.
TK surveying Group are experienced building surveying and construction experts specialising in Party Wall. We know the legislation like the back of our hands and offer a professional, impartial and trustworthy service.
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