Development risks are a factor in any project – how you react to them determines the success.
The Party Wall etc. Act 1996 (the Act) is a legislative framework that sets out a clear process for dealing with any construction work that falls on, or close to, a wall or structure between adjoining properties. Ignore it at your peril!
Delays, increased cost, injunction, legal nuisance, funding issues and buildability problems are all risks that can be avoided by taking the right expert advice.
What do we do?
We proactively manage that risk; by getting us involved early, we can take steps to ensure your project runs smoothly without delay, increased cost or threat of legal proceedings.
Whether you own the property under construction or are an adjoining owner, our team of building surveyors can guide you through the process that must be followed under the Act. From initial strategy advice and understanding what is captured by the Act, through to serving notices and dealing with any award documentation that needs to be drafted.
We will take the hassle out of it and allow you to focus on progressing your development plans swiftly or ensure adequate protection is provided to your property if development works are proposed next door.
In the event of a boundary dispute or breach of an award, our lawyers are on hand guide you through your options and ensure your position – and property – is protected.
Boundary disputes
One of the most common conflicts between neighbours is a dispute over the location of a boundary. This is often a very emotive issue where parties assume entrenched positions and can lead to expensive legal proceedings. Our surveyors and geospatial experts are experienced in collecting evidence to locate the boundary between two properties and can provide pragmatic solutions to resolve the disputes and avoid litigation. If required, we can also provide expert evidence in such matters as joint expert or nominated by one of the parties.
In the event that the dispute cannot be resolved in an amicable manner, we work closely with lawyers at Gateley Legal who can assist with any legal representation required.
Scaffold access and crane oversail agreements
Your development proposals may impact land or property owned by neighbouring parties. Alternatively, you may own land which you feel is being used without your permission. We can give boundary and party wall advice as well as provide practical solutions to resolve, defend or prevent any actions for trespass. This is a specialist legal matter in the context of significant development works. Our expert surveyors will work with the development project team to review the practical access implications which our lawyers can then take forward in a formal Crane Oversailing Agreement and/ or specific access requirements.
Who do we help?
We provide boundary and party wall advice to a variety of clients including developers, contractors, corporate businesses, housebuilders and private property owners.