Is this the new norm in London?
I feel sure that this is a more common sight this year than it used to be - long rows of street trees with significantly reduced crowns. I think that councils are carrying out more crown reduction work now as a direct consequence to climate change and increased...
RECLAIMING ENGINEERS’ FEES UNDER INSURANCE
Despite what you may have been led to believe, it is possible to reclaim professional fees incurred from your own appointed subsidence expert (be that a structural engineer, building surveyor or other relevant professional) under your buildings insurance. ...
Double-counting subsidence claims – and the effect that has on policy premiums
The scenario of clay-shrinkage subsidence returning a few years after it has been (supposedly adequately) mitigated and repaired is unfortunately all too common. This is usually because inadequate tree management had been carried out in the first place and roots have...
Should I disclose that minor plaster crack to my buildings insurer?
It has long been understood that minor, cosmetic cracks or ones which are historic and non-progressive do not need to be disclosed to an insurer. Not necessarily so any more - beware! Whilst this still holds true with many insurers, there are an increasing number of...
My Insurer has withdrawn subsidence cover – help!
What to do if your insurer withdraws subsidence cover – and how to avoid that
Party Wall Risk & Applicability Assessment – £295 +vat
Risk to neighbours when carrying out building work is central to the Party Wall etc. Act 1996. However, many people don’t realise that it is not always necessary to serve a Party Wall Notice when the Party Wall Act says so (see...
What should you do upon receipt of a Party Wall Notice?
It can be confusing and leave you unsure how to respond when you receive a Notice advising that your neighbour intends to carry out works which might affect the party wall or site boundary between you, or risk movement to your foundations. You have the option to...
Party Wall Surveyors – ongoing jurisdiction
Fernando v London Borough of Newham (unreported) – Before His Honour Judge Parfitt sitting at the County Court at Mayors & City Of London Court 17th June 2024 In 2011, Newham decided to demolish their semi-detached house at 44 Barrington Road, so in early...
Party Wall Act – Do You Really Need to Serve Notice?
Following the recent Court of Appeal decision of Power & Kyson v Shah (2023), it is now the case that the PWA cannot apply unless and until a valid Notice has been served. The requirement for Notices to be served in appropriate cases remains, but if that is not...
Is it always necessary to issue a Party Wall Notice, when the Party Wall Act says so?
In a word - no. “De minimis” is a legal principle which allows for matters that are small scale or of insufficient importance to be exempted from a rule or requirement. It can be used by the courts as an exclusionary tool to dismiss trivial matters from litigation. It...