Party Wall Consultancy
Wood Green, London N22
(London Borough of Enfield)
Close to Muswell Hill, Arnos Grove and Bounds Green. Within the catchment of our Finchley office.
Background: The building owner wished to position the extension flank wall such that it would straddle the line of juncture between the two properties.
We were appointed by the building owner. The adjoining owner not only consented to the works but also waived his statutory right to receive a Party Wall Notice, conditional on being granted use of the wall.
There was one adjoining owner to the works.
The works involved the erection of a ground floor extension to the rear of the house.
Conclusion:
The works would normally have required that the building owner serve a Party Wall Notice on the adjoining owner notifying him of the intended works. The two parties discussed the matter between themselves and the adjoining owner advised that he would waive his right to receive a Notice conditional on the building owner erecting the new flank wall as a Party Wall, that half the thickness of the wall would be located on the adjoining owner's land. The adjoining owner further conditioned that in turn, the building owner waive his right to demand a contribution from the adjoining owner.
Thus, the building owner gained by avoiding the party wall procedure. He also saved space by gaining permission to build the wall half on the neighbour's land. Upon enclosing on the wall, the adjoining owner will gain too both in terms of avoiding payment contribution towards the cost of constructing the wall and also will gain in terms of space saved.
Preparing the paperwork (pictured) for the parties to come to an agreement outside of the Party Wall Act is not a component of the Party Wall Surveyor's statutory role. However, advising the parties of their rights and obligations under the Party Wall Act, can facilitate a compromise solution where each party gives up on some rights and in return receives some benefits that best suits their individual needs.