Party Wall and Neighbourly Matters
If you are undertaking building works adjacent or close to other buildings, it is likely that the Party Wall etc Act 1996 will be engaged. The Act requires you to serve Notice of certain elements of your proposed works (the notifiable works) to affected neighbours. If the Notice is dissented from, the matter must be resolved by either one surveyor acting with the authority of both owners (an Agreed Surveyor), or two surveyors acting for the building owner and adjoining owner respectively, whose role is to produce a Party Wall Award to authorise the notifiable work.
Gerry Poole accepts Agreed Surveyor, Building Owner’s Surveyor and Adjoining Owner Surveyor appointments for all types of building works for private and commercial property owners.
Commercial and residential properties are usually let on leases which place responsibilities on the tenant to maintain the premises in a certain standard of repair. Failure to comply with repairing covenants in the lease can lead to costly claims from the landlord at termination or early surrender of the lease.
Landlords and tenants need to be correctly advised about their rights and responsibilities before serving or responding to Schedules of Dilapidations. The case law surrounding dilapidations practice is constantly evolving, so it is essential to obtain up to date professional advice from the outset.
Poole & Company complies fully with the most current editions of the of the Civil Procedure Rules and RICS Practice Note ‘Surveyors acting as Expert Witnesses’.
Gerry Poole was admitted to the Expert Witness Institute as an individual member in 2008 and accepts instructions from clients and their legal advisors for pre-action reporting on disputes within his areas of expertise and, if the dispute cannot be settled, will attend court to give evidence.