The scope for agreement in statutory party wall procedures
Chynoweth, P.
The scope for agreement in statutory party wall procedures - 2004 - Construction Law Journal 20(6) 2004, 319-332(14) .
Outlines statutory party wall procedures set out in the Party Wall Etc Act 1996 which involve the serving of notices and the appointment of surveyors to resolve a variety of construction related issues affecting boundary operations including party walls, erection of new boundary structures and excavations which have the potential to interfere with the stability of an adjacent building or structure. Notes that despite the existence of the procedural framework the parties and their surveyors involved may depart from it by agreement. Identifies and examines four different ways in which the parties may agree to work outside the statutory framework. Firstly agreements in lieu of notice both informally and formally to contract out of statutory framework. Secondly agreements subsequent to notice which can involve consent, conditional consent or delay notices. Thirdly agreement to regularise unlawful work both by written agreement and retrospective notices. Fourthly, agreements relating to variations which can incorporate design changes and new works. Reference to case law throughout.
PARTY WALL ETC ACT 1996
PARTY WALL SURVEYORS
Boundary disputes
VARIATIONS
STEVENS V GOURLEY
LEADBETTER V MARYLEBONE CORPORATION
MASON V FULHAM CORPORATION
WOODHOUSE V CONSOLIDATED PROPERTY CORPORATION LTD
LOUIS V SADIQ
ADAMS V MARYLEBONE BC
The scope for agreement in statutory party wall procedures - 2004 - Construction Law Journal 20(6) 2004, 319-332(14) .
Outlines statutory party wall procedures set out in the Party Wall Etc Act 1996 which involve the serving of notices and the appointment of surveyors to resolve a variety of construction related issues affecting boundary operations including party walls, erection of new boundary structures and excavations which have the potential to interfere with the stability of an adjacent building or structure. Notes that despite the existence of the procedural framework the parties and their surveyors involved may depart from it by agreement. Identifies and examines four different ways in which the parties may agree to work outside the statutory framework. Firstly agreements in lieu of notice both informally and formally to contract out of statutory framework. Secondly agreements subsequent to notice which can involve consent, conditional consent or delay notices. Thirdly agreement to regularise unlawful work both by written agreement and retrospective notices. Fourthly, agreements relating to variations which can incorporate design changes and new works. Reference to case law throughout.
PARTY WALL ETC ACT 1996
PARTY WALL SURVEYORS
Boundary disputes
VARIATIONS
STEVENS V GOURLEY
LEADBETTER V MARYLEBONE CORPORATION
MASON V FULHAM CORPORATION
WOODHOUSE V CONSOLIDATED PROPERTY CORPORATION LTD
LOUIS V SADIQ
ADAMS V MARYLEBONE BC