Architects


 

Party
wall matters are not exciting but ignore them at your peril.

 

 



The Act is complex and has been criticised
for being poorly drafted which has led to several well known legal cases.



In the well known case of Gyle-Thompson
and Others v Wall Street (Properties) Ltd [1974] 1 All ER 295 the
Judge said "...It therefore seems to me
important that the steps laid down by the Act should be scrupulously followed
throughout and short cuts are not desirable...."



The process in a nutshell is;



 
  • The identification of a relevant Party Wall/Structure

  • The identification of notifiable works

  • Valid appointment of Party Wall Surveyors

  • Correct identification of relevant owners

  • The serving of the appropriate notices to the adjoining owners

  • Condition schedules (although not strictly required by the Act)

  • Resolution of any disputes

  • Servingthe award

  • Managing access and rights of entry

  • Completion of the notifiable works, inspection and checking for damage

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It's too easy to ignore the requirements
of the Act and/or short cut the process and it's claimed that Professional
Indemnity insurers are being called into an increasing number of cases of
alleged malpractice.


 

So, to ensure a high professional
standard and avoid unnecessary and costly litigation use the professionals who
have the experience, qualifications and p.i. cover to carry out the process properly
and in accordance with the strict time lines.