Case 1
Role: Building Owner’s Surveyors
Works: Single storey rear and side extension to a Victorian terrace house
Value added: Gained automatic access to neighbouring land for works to avoid the need for a scaffolding license
Brief: The building Owner constructed a read and side extension to their property, and as a result Section 1, 3 & 6 notices were served. During construction, a Section 8 notice was served to access the neighbours land to build and finish the boundary wall. The Adjoining Owner initially refused access, and stated that they wanted a Scaffolding License in place along with compensation for the use of their land. We reminded all parties that under the Act, the Building Owner and their workers have automatic rights to access the neighbours land free of charge, to carry out the notifiable works within a reasonable time period.
Case 2
Role: Adjoining Owner’s Surveyors
Works: Two storey rear extension
Value added: Maintained building owners land area by ensuring the adjoining owner did not encroach on to their land
Brief: Building owner wanted to continue the line of the existing party wall for their rear extension. The Adjoining Owner wanted to maintain as much backyard space as possible, and therefore did not want to give up additional land for the party wall. We shared the AO’s request to the BO and reminded them that they don’t have automatic right to build a party wall astride the line of junction.
Case 3
Role: Building Owner’s Surveyor
Works: Single storey side extension
Value added: Rejected non relevant claims of damages and inconvenience
Brief: The Building Owner constructed a side extension which required the service of a Section 6 notice on the Adjoining Owner. During construction, the Adjoining owner suggested they needed compensation for the noise and dust from the execution of the works. It was determined that the noise and dust occurred during the agreed working hours, and in addition the extent of which was not excessive for a construction project of this nature. As a result, it was decided that the Adjoining Owner was not unreasonably inconvenienced. After construction, the Adjoining Owner made a claim that the excavations caused their floating floor boards to warp. We reviewed the schedule of conditions and assessed their property. Given that none of the Adjoining Owners walls and foundations were affected, we deduced that the Building Owner’s excavations could not have undermined the Adjoining Owner’s foundations. Further investigations determined that the floorboards were warped due to incorrect installation.
Case 4
Role: Building Owner’s Surveyor
Works: Internal alterations involving the removal of a chimney breast, along with the construction of a new garden office
Value added: Fast track serving of notices, as we can easily anticipate the proposed works
Brief: The Building Owner was to carry out some internal alterations and add a new garden office to the rear of their property. Due to the number of design iterations, it was going to be a while before the final construction drawings were available for use to use to serve notices from. As we have a great understanding of the Act and the required structure to facilitate the works, we were confident to serve notices based on the preliminary designs in order to fast track the party.