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Welcome to PLANNING AND PARTY WALL SPECIALISTS LIMITED

 

YOU PAY FOR THE SINS OF YOUR BUILDER

The formal party wall process provides for the interaction of surveyors who seek to ensure that works are undertaken with care and in a proper and correct manner.  This process helps to protect the neighbouring property owner from damage to their building and also to protect the building owner who is undertaking the work from the considerable costs that can be associated with making good damage to the neighbouring property.  This is important for the owner undertaking the work because contrary to the views of many, it is the building owner (not the builder) who would be liable to the neighbour when his builder executes work incorrectly and damage is subsequently caused to the neighbour’s property.  There is what is called a ‘non-delegable duty’ upon the building owner who must therefore make good or compensate the neighbour.  In the celebrated case of Alcock v Wraith and Swinhoe, the builder formed a bad joint between the property owner’s new roof and the neighbour’s existing roof that subsequently leaked and caused damage to the neighbours property.  The court found that the property owner was liable to the neighbour even though it was his builder that was at fault.