We undertook an instruction as Party Wall Surveyor to act on behalf of a building owner who was developing a site in Newbury.
The site itself was bounded by some residential properties at the front and a commercial property to the rear. The residential property at the front also had a retail unit on the ground floor.
To properly undertake the instruction notice was required to be served to all adjoining owners with an interest in the property. This included the freeholder of the residential units, the leaseholder of the retail unit and the freeholder of the commercial unit to the rear. Fortunately, the leaseholder and the freeholder of the commercial unit were the same party.
All parties dissented to works and required the appointment of their own surveyor to act on their behalf. In actuality, one of the adjoining owner’s surveyors acted on behalf of two parties, with a second adjoining owner acting on behalf of the other party.
Three separate Party Wall Awards were required to be issued. In order to minimise the cost to our appointing owner who would be responsible for all fees, we made assessment of adjoining owner’s fees and agreed a reasonable rate. We also organised to meet all surveyors out on site on the same day, to minimise time on site while discussing the critical issues that needed to form the basis of the Party Wall Award.
Without our professional input, the developer may have found difficulty in identifying the correct parties to serve the notice on, issue applicable notices, liaise with adjoining owner’s surveyors and form a Party Wall Agreement.
It is often thought by building owners that the Party Wall process is easily managed by themselves but we have often found that parties that have issued notice have issued invalid notice, which can delay works or can become confounded by the detail surrounding the Party Wall Act and can quickly find themselves out of their depth when matters become more complex.
If you have any Party Wall issues, please contact us for advice on 01635 579208 or complete the form below and we’ll get in touch.
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