Party Wall Surveyor: Re: Email from Robin Ainsworth (PWS) to his Client 31 October 2009

26 November 2010

Re: Email from Robin Ainsworth (PWS) to his Client 31 October 2009

From: AinsworthSSL [mailto:ainsworthssl@btinternet.com]
Sent: 31 October 2009 12:01
To: XXXXXXXXX
Cc: 'Scott Harrington'; Subject: FW: XXXXXXX

XXXXXX

This is a necessary and reasonable Party Wall etc Act communication.

Please find below mail received yesterday.

The proposal seems to me to be reasonable and will minimise inconvenience to you (although so as to preserve your own post-works security I would consider as reasonable a counter-suggestion that they provide new padlocks and issue you with a key for the duration of the works, after which your own padlocks could then be replaced by you)

I believe this constitutes notice under section 8(4) of the Act to enter your property.

As such (particularly given your previous comments) I would ask you to respond as a matter of urgency and certainly within 14 days (the notice period specified by the Act).

In case you are not aware of it, I should perhaps draw your attention to the provision of section 8(2) of the Act which states: If the premises are closed, the building owner, his agents and workmen may, if accompanied by a constable or other police officer, break open any fences or doors in order to enter the premises.

I await your response.

Regards

Robin Ainsworth

Ainsworth Surveying Services Ltd

1 comment:

Anonymous26 November 2010 at 04:52
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The Party Wall Act 1996

The Party Wall Act 1996 came into force in 1997, so it is now law and gives you rights and responsibilities whichever the side of the 'wall' you are on i.e. whether you are planning/doing work on a relevant structure or if your neighbour is.

The Party Wall Act does not affect any requirement for Planning Permission or Building Regulation Approval for any work undertaken. Likewise, having Planning Permission and/or Building Regulation Approval does not negate the requirements under the Party Wall Act.

The Party Wall Act comes into effect if someone is planning to do work on a relevant structure, for the purposes of the Act 'party wall' does not just mean the wall between two semi-detached properties, it covers:

A wall forming part of only one building but which is on the boundary line between two (or more) properties.
A wall which is common to two (or more) properties, this includes where someone built a wall and a neighbour subsequent built something butting up to it.
A garden wall, where the wall is astride the boundary line (or butts up against it) and is used to separate the properties but is not part of any building.
Floors and ceilings of flats etc.
Excavation near to a neighbouring property.

As with all work affecting neighbours, it is always better to reach a friendly agreement rather than resort to any law. Even where the work requires a notice to be served, it is better to informally discuss the intended work, consider the neighbours comments, and amend your plans (if appropriate) before serving the notice.

Be very careful when choosing a Party Wall surveyor as you cannot sack them once signed up as the clinent in this blog`s correspondance found out.

Party Wall Act