Legal and Statutory 2

Question 1

Elliott House: What did your appointing owner’s proposals include?

Answer 1

They included a rear extension (S6) and demolition of a rear building which adjoined the stone party fence wall (S3)

Question 2

Elliott House: What notices were served?

Answer 2

Section 3 - Party Structure - 2 months Notice.

Section 6 - Adjacent Excavation - 1 Month Notice

Question 3

Elliott House: What was your rationale behind using those notices?

Answer 3

Section 3 - Because the project involved carrying out works to the existing party fence wall.

Section 6 - Because the works involved a new foundation which fell within 3m of the neighbours foundation.

Question 4

Elliott House: When were your notices served?

Answer 4

The notices were served 2 months prior to the project works in accordance with the Section 3 provisions.

Question 5

Elliott House: What is included in those party wall notices, tell me about their contents?

Answer 5

We use a standard form of letter which includes:

Details about the parties.
Details about which part of the Act applies to the works (a,b,c,f etc)
Timescales
Drawings (Section and plan for Sec 6 notice)

Question 6

Elliott House: What drawings were included?

Answer 6

Section 6 requires the inclusion of a plans and details.

I issued foundation details, floor plans and an elevation drawings regarding the proposals with dimensions etc.

Question 7

Elliott House: What were the adjoining owners options in the notices?

Answer 7

1. Consent to the works. (They went for this)
2. Dissent appoint me as joint surveyor.
3. Dissent appoint own surveyor and appointing owner pays for fees.

Question 8

Elliott House: Tell me about the timescales regarding a response to the notices.

Answer 8

Issue notices in accordance with the timescales of the sections (i.e. 1 month, 2 month etc)

If not hear back within 14 days, send a reminder letter.

If not hear back within a further 10 days appoint another surveyor on their behalf.

Question 9

Elliott House: What did you do after receiving consent?

Answer 9

I carried out a Schedule of Condition of both properties in the event their was a dispute.

This offered transparency between all parties.

Question 10

Elliott House: What would happen if they dissented but appointed you as the agreed surveyor?

Answer 10

Draw up a Party Wall Award, which is a legal document that states what work should happen, how and when works are carried out, and who pays for each part.

The award details proposed works, looks over plans and makes sure work will not affect your property, and determines what happens if your property is damaged.

Schedule of Condition is also carried out and issued to both parties.

Question 11

Elliott House: What would happen if they dissented and appointed their own surveyor?

Answer 11

Pre-agree third surveyor.

Jointly check that plans will not affect your property, assess how and when works will be carried out, and make any necessary changes to the proposed work. Using this information, both surveyors will produce the joint party wall award based on the findings from their respective properties.

Surveyors carry out a joint schedule of condition

If these two surveyors cannot agree on a suitable party wall award, the document will be decided by an impartial third surveyor.

If you disagree with any of the surveyors’ award, both the owner and neighbour have 14 days to appeal to the County Court against it.

Question 12

Elliott House: What did you do during your inspection?

Answer 12

Reviewed the proposed drawings to the actual site which determined which neighbours would be affected.

I then obtained the neighbours details utilising Land registry records.

Question 13

Elliott House: Briefly tell me the party wall process?

Answer 13

1. Inspect site to determine proposals
2. Issue notices (1/2months) and (14days+10day follow up)
3. Consent to works/Dissent to works and appoint own or agreed surveyor.
4. Issue party wall award if applicable.
5. Carry out SoC

Question 14

Elliott House: Whats in a party wall award?

Answer 14

Description of work (how, what when)
Programme and Working hours
Making good costs etc
Method statements
Extra works to protect property.

Question 15

Bellway Industrial Estate: Tell me about the provisions of Doc M that you used?

Answer 15

External areas only so only utilised
Section 1 – Access to the building
Section 2 – Access into the building

Question 16

Bellway Industrial Estate: What parking requirements are there?

Answer 16

Disability bay 1nr. Unit as a minimum.

Question 17

Bellway Industrial Estate: What is weather protection?

Answer 17

Canopy of principal entrances to protect from the weather.

Question 18

Bellway Industrial Estate: Why was a lever handle needed?

Answer 18

Its a requirement in Approved Document M due to the door being manually operated.

Question 19

Bellway Industrial Estate: What gradient is a level approach?

Answer 19

Must be less than 1:20

Question 20

Bellway Industrial Estate: What does a principal entrance include?

Answer 20

See Doc M a few examples are:
Signage
Level landings of a certain area.
Mat wells etc.

Question 21

Bellway Industrial Estate: What is a client’s legal obligations with regard to Accessibility?

Answer 21

Equality Act 2010 will apply.

Question 22

Bellway Industrial Estate: How did you specify a level approach to an existing building?

Answer 22

Noted that ‘No further action needed’ as the external concrete pavement was already level and this noted within the design to demonstrate compliance.