• Party Wall Query

    By Guest on 01st Dec 2017

    A party wall award was drawn up between building owner and adjoining owner prior to works commencing which enabled building owner to remove a 1st floor glass conservatory which was an obstruction to raising the party wall. Works proceeded, and the new brick party wall was erected. Prior to the works completing, the adjoining neighbour proceeded without consultation to erect a brick extension to their property in the place of the previous glass conservatory against the new party wall (without providing a party wall notice nor having any award in place). The building owner is completing their works in 4 weeks' time. Adjoining owner's surveyor has requested a payment of £3,5k towards the adjoining owner's brick extension costs on basis this is a payment in lieu of making good damage through building owner's works. Question is whether by the adjoining owner proceeding to erect a brick extension months before the building owner's works were completed and without consultation with the building owner nor the appointed surveyors, whether the building owner still has an obligation to pay any monies in lieu? Does the fact the adjoining owner proceeded with their own extension works which differ substantially from the previous glass structure which breached the party wall and was removed by the building owner, void any claim for payment in lie

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