Archive for the ‘Party Wall Notices’ Category

Serving notices by email

On 10 March 2016 the Department for Communities and Local Government approved the first amendment to the Party Wall etc. Act since it was enacted in 1996. The Party Wall etc. Act 1996 (Electronic Communications) Order 2016 - which comes into effect on 6 April 2016 - amends section 15 of the Party Wall Act to provide for service of notices, awards and other documents by email and other electronic means of ...

Bridgland v Earlsmead Estates Limited: unnecessary inconvenience

On 1 July 2015 His Honour Judge Grant handed down judgment in Bridgland v Earlsmead Estates Limited [2015] EWHC B8 (TCC) in which the Technology and Construction Court considered the purpose of section 4 counter-notices, and whether a claim for breach of statutory duty could be made under section 7(1) of the Party Wall etc. Act 1996 (“the 1996 Act”). Background Facts The defendant is the freehold owner of a ...

Checking whether a party wall notice is valid

November 10, 2014  |   Party Wall Blog,Party Wall Notices   |     | ?>

A common problem faced by surveyors is ascertaining whether or not a notice served by or on behalf of a building owner (or more rarely an adjoining owner) is valid. The test for assessing whether notices under a statute are valid is set out by the Court of Appeal in Trafford Metropolitan Borough Council v Total Fitness UK Ltd. There are two stages. Stage 1 The first stage ...

Serving documents under the party wall act

February 24, 2014  |   Party Wall Awards,Party Wall Blog,Party Wall Notices   |     | ?>

Many disputes between owners, and a large proportion of appeals against Party Wall Awards, are caused by notices and other documents either not being correctly addressed, or not being correctly served. Under section 15 of the Party Wall Act there are two sets of rules for serving notices and other documents. Sub-section 1 applies to all people, but sub-section 2 applies only to an “owner of premises”. It should be borne ...

Party wall notices and joint owners

Tricky situations can arise where there is more than one owner of land or buildings that are subject to the Party Wall Act, as it may not be possible to locate all of the owners. Can a notice be served if only one of the building owners is available? What happens if all of the adjoining owners have been identified, but one of the joint owners cannot be traced? Adjoining owners

Who is an adjoining owner?

Before the building owner starts work he must serve one or more notices on the “adjoining owner”. But who are they? The neighbours, right? Well yes, but it is not necessarily that simple “Adjoining owner” is defined in section 20 of the 1996 Act as “any owner … of buildings, storeys, or room adjoining those of the building owner”. So far, so good. But what is meant by “owner”?[pullquote_right]If an adjoining ...