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Party Wall Surveyor Bruce Spenser MSc LCGI AssocRICS MCIOB 12 Forburg Rd, London N16 |
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A brief chronology of the history of Party Wall Legislation and some interesting Case Law: 1212 – Thatched roofs banned after a major fire 1666 – Great Fire of London 1667 – London Building Act – introduction of Surveyors 1707 – 1709 London Building Acts London Building Acts – modelled throughout country 1844 – Metropolitan Building Act 1854 – Common Law Procedures – the three surveyor tribunal 1855 – Metropolitan Building Act – definition and rights of owners 1858 – Public Health Act 1858 – Local Government Act - Deposit of Plans and Drawings 1863 – Cowen v Phillips – Adjoining Owner once contracted to purchase 1870 – Thompson v Hill – definition of adjoining owner 1873 – Weston v Arnold – Ousting is not on 1873 – Watson v Arnold – the type B party wall 1875 – Public Health act – DPCs, the structure of buildings, ensuring stability and prevention of fires, the drainage and provision of air space around buildings, to ensure health considerations Model By Laws consolidate Building Control 1878 – Bank of S America v Stokes – Suspension of common law rights 1879 – Knight v Pursell - Rights 1880 – Watson v Gray – The four definitions of the party wall 1883 – Hughes v Percival – Reciprocal duties – duty of care, duty to avoid nuisance, duty to minimise impact, a supervised workforce, expeditious undertaking, 1890 – Williams v Ball – the type a Party Wall 1894 – London Building Act 1905 – Model Bye Laws extended by parliament 1907 – Bennett v Harrods – The Party Wall Award and its construction 1908 – Jones v Pritchard – use of flue passing through AOs property 1915 – Hobbs etc v Grover – sufficiency of party wall notices 1917 – Selby v Whitebread – the party wall surveyors are charged with facilitating the building owner’s rights and safeguarding the interests of the building owner via Award and Schedule of Condtions 1917 – Selby v Whitebread – addendum awards 1925 – Law of Property Act – severed party walls vertically, fabric and construction rights 1925 – Public Health Act 1936 – Public Health Act – British Standards as compliance indicator, Singe Model – voluntary (adoptive) not mandatory 1930 – London Building Act Contains the first party wall act 1939 – London Building Act – contains the amended party wall act 1940 - Bond v Nottingham – Easements but with no obligation to maintain 1945 – Water Act 1959 – Rights of light 1959 – Town and country planning 1961 – Public Health Act 1965/1966 – Building Regulations – mandatory (paid out of rates) – Repealed local acts and gave power to minister to make building regs 1983 – Marchant v Capital – A properly constituted party wall tribunal’s award will not be interfered with by the courts 1984 – The Building Act – consolidated 1993 – Lehmann v Herman – all owners must serve notices 1996 – Party Wall Act – the suspension of common law rights 1997 Louis v Sadiq – Lawful works avoid liabilities 2000 etc – Building Regulations 2001 – Rees v Skerett – weathering 2001 – Gyle Thompson v Wall St Properties – legal constitution of tribunal (the two surveyors) 2010 - Kaye v Lawrence - Don't place your trust in Thesbians bearing gifts 2011 - Jones v Kanney - Dont become a party wall surveyor unless you know what you are doing
Areas covered: A 7 mile radius centred on N16 which includes:
A BRIEF CHRONOLOGY OF BUILDING REGULATIONS LONDON 1212 – Thatched roofs banned after a major fire 1666 – Great Fire of London 1667 – London Building Act – introduction of Surveyors 1707 – 1709 London Building Acts London Building Acts – modelled throughout country 1844 – Metropolitan Building Act 1858 – Public Health Act 1858 – Local Government Act - Deposit of Plans and Drawings 1875 – Public Health act – DPCs, the structure of buildings, ensuring stability and prevention of fires, the drainage and provision of air space around buildings, to ensure health considerations Model By Laws consolidate Building Control 1905 – Model Bye Laws extended by parliament 1925 – Public Health Act 1936 – Public Health Act – British Standards as compliance indicator, Singe Model – voluntary (adoptive) not mandatory 1930 – London Building Act Contains the first party wall act 1939 – London Building Act – contains the amended party wall act 1945 – Water Act 1959 – Rights of light 1959 – Town and country planning 1961 – Public Health Act 1965/1966 – Building Regulations – mandatory (paid out of rates) – Repealed local acts and gave power to minister to make building regs 1984 – The Building Act – consolidated 1996 – Party Wall Act 2000 etc – Building Regulations |
