Archive for November, 2009

Party Wall dispute that ended up in Court

Latest Newson November 13th, 2009No Comments

I attach a summary of a recent court case relating to a Party Wall dispute that ended up in Court.

It’s interesting because the Adjoining Owner consented to the works, but once work had started, damage occurred to his property, and only at that point did he appoint a Surveyor.

Because the act had been implemented by service of a valid notice, and a dispute had arisen, the Court agreed that the Adjoining Owner’s decision to appoint a Surveyor at that time was acceptable.

Furthermore, the Building Owner went to ground. Did nothing. So, using powers under the Act, the Adjoining Owner’s Surveyor appointed a Surveyor for the Building Owner.

The two Surveyors agreed an Award that set out a reasonable cost of repairs and fees.

The Building Owner then took an interest and decided to appeal the Award as being improperly made, but the Court upheld the Award as being properly served, and directed the Building Owner to pay up.

Onigbanjo – v – Pearson     29th May 2009: Mayor’s & City of London Court

Building Owner served notice relating to works under sections 2 & 6 of the Act and the Adjoining Owner consented to the works.

The Adjoining Owner’s property was damaged by the works and the Building Owner refused to pay the cost of repairs.

The Adjoining Owner appointed a Surveyor under the Act. The Building Owner failed to appoint a Surveyor under the Act, therefore the Adjoining Owners Surveyor appointed a Surveyor to act for the Building Owner (using provisions of the Act).

Both Surveyors, so appointed, agreed, prepared and served an Award setting out the cost of repairs and fees incurred in repairing the damage to the Adjoining Owners property.

The Building Owner appealed the Award.

Despite the fact that the Adjoining Owner had consented to the works, the judge dismissed the Building Owner’s appeal, upheld the Award and directed that payment should be made by the Building Owner to the Adjoining Owner.

Party wall costs

Latest Newson November 6th, 2009No Comments

We are often asked to publish the cost of party wall awards, but because of the nature of the awards and the different complexities involved, we feel it would be misleading to publish a list of costs.

What does the Party Wall etc Act do?

Latest Newson November 6th, 2009No Comments

What does the Party Wall etc Act do?

A. The Party Wall etc Act of 1996 entered into force of law on July 1, 1997, throughout all of the UK. The Act was based on the London Building Acts which were found to be successful for many decades before they were extended to apply to all of England and Wales. The Party Wall etc Act is intended to foster development while still protecting the rights of adjacent property owners. The Party Wall etc Act created a framework for resolving party wall disputes in relation to certain aspects of construction, renovation, and excavation with the purpose of avoiding court action and often expensive and costly delays.