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Latest blog posts

Until recently it was a general rule of thumb that the owner benefiting from the works that are the subject of party wall procedures paid the surveyors' fees but a case from 2018 has highlighted a potential exception to that rule. To understand the exception it is first necessary to briefly recap the process by which surveyors are appointed. ... Read more >>

Categories: Party Wall, Uncategorised

Schedules of Condition for Party Wall Awards

Thursday, 5th March 2020 | by: Justin Burns

The next step in the party wall process after surveyors (or an Agreed Surveyor) have been appointed is the recording of the condition of the adjoining owner’s property; referred to as a schedule of condition. This is not part of the formal process, as in it’s not referred to anywhere within the Act, but it is routinely done and could prove ... Read more >>

Categories: Party Wall, Uncategorised

The Role of the Agreed Surveyor

Wednesday, 26th February 2020 | by: Justin Burns

Where an adjoining owner dissents to a party wall notice they have two choices; appoint a surveyor of their choice or concur with the building owner in the appointment of a single Agreed Surveyor. In terms of cost, the appointment of an agreed surveyor will generally be cheaper than having two separate surveyors (I say ‘generally’ as the ... Read more >>

Categories: Party Wall

The Appointment of Separate Party Wall Surveyors

Tuesday, 18th February 2020 | by: Justin Burns

It’s the response that most worries owners notifying their neighbours of works falling under the Party Wall Act - not only a dissent but the appointment of a separate surveyor. I know of a couple of examples where a building owner has simply cancelled their works as a result, which seems extreme, but the loss of control really does seem to ... Read more >>

Categories: Party Wall

DILAPIDATIONS AT END OF LEASE TERM

Thursday, 6th February 2020 | by: David Whitehouse

A couple of weeks ago I looked at procedures around preparing a schedule of dilapidations during the lease term but today I wanted to focus on how dilapidations are handled at the end of the lease. Landlords are only able to claim for damages from a tenant at the end of a lease term if the tenant has not complied with the lease obligations and ... Read more >>

Categories: Dilapidations

Why so Few Neighbours Consent to Party Wall Notices

Monday, 27th January 2020 | by: Justin Burns

The desired outcome for any owner serving party wall notices is a consent - it allows them to take advantage of the benefits of the Act, such as the right of access, without having to stump up for surveyors’ fees. However, adjoining owners consenting to party wall notices is still a relatively rare thing, I’ve not run the numbers but my sense ... Read more >>

Categories: Party Wall

DILAPIDATIONS DURING THE LEASE TERM

Tuesday, 21st January 2020 | by: David Whitehouse

Carter Fielding are regularly appointed by landlords to deal with dilapidations matters both during the lease term and at the end of a lease.  The approach for preparing a claim for dilapidations during a lease term is different to that at the end of a lease term, as the remedy to the landlord after the end of a lease is usually only damages, ... Read more >>

Categories: Dilapidations