Case Study: Apportioning Cost's
Background
Our appointing owner was first made aware of their neighbour's proposed building work when they received a hand-delivered party wall notice through their letter box.
TK Surveying Group have acted as Party Wall Surveyors in and around North London including Haringey, Enfield, Barnet, Cheshunt, Islington, Hackney for over two decades and we had very recently undertaken two party wall appointments on the same terraced close.
The adjoining owner requested a site consultation with us following a referral from a neighbour.During the consultation we determined the likely impact of the project and talked through the party wall notices, technical drawings and explained what the adjoining and building owners rights and obligations are pursuant to the Party Wall etc. Act 1996.
Party Wall Notices
During our site consultation, we noted the notice was invalid and furthermore according to the proposed building work additional notices were required for working on the line of junction under section 1 and the intended work on the party structure under section 3.
The adjoining owner duly appointed us with full authority so that we could safeguard their interest and indeed their property. Contact was made with both building owner and their appointed surveyor and following a discussion the Party Wall Notices we re-served.
Apportioning Costs
It was agreed that adjoining owner would allow the building owner to benefit from constructing off their extension wall which was built up to the boundary line. The alternative option would have seen extensive excavations and construction work abutting our client’s property with the inherent danger associated with undertaking work on period properties which by nature require the application of diligent and tactful construction work.
Equally the building owner’s construction time and building costs was significantly reduced, and accordingly, our client’s exposure to intrusive building work was marginalised.
As part of the Party Wall Award, costs were apportioned pursuant to section 11 of the Party Wall etc. Act. We compiled a detailed schedule of the work that would have taken place during the original construction process, including excavating and laying foundations, engineering bricks to DPC, DPM detailing and brickwork construction in London stock topped with a coping detail. Once the cost of original works was tallied up this was apportioned at 50% bearing in mind that the building owner was to benefit from the full use of the adjoining owners extension wall.
A Schedule of Condition and Party Wall Award was subsequently drafted which included additional measures were implemented to safeguard our client’s property. Once the award was served, an interim inspection took place to ensure that agreed detailing was adhered to, which is was.
It should be noted that the purpose of the Act is to expedite building work whilst safeguarding the interests of those exposed to such building work. Our surveyors have an extensive building defect analysis experience which in turn provides our clients with the reassurance that potential long term maintenance issues are addressed prior to building work, likewise damage caused during the building process is readily identifiable and equally ensure erroneous claims for damages will be nullified.
TK surveying Group are experienced building surveying and construction experts specialising in Party Wall. We know the legislation like the back of our hands and offer a professional, impartial and trustworthy service.
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