Party Wall Surveyor Bruce Spenser MSc MCIOB

Chronology of the Party Wall Act

1086 – Domesday Book – the Great Survey – ordered by William the Conqueror

1667 – London Building Act – introduction of Surveyors

1707 – 1709 London Building Acts

London Building Acts – modelled throughout country

1844 – Metropolitan Building Act

1854 – Common Law Procedures – the three surveyor tribunal

1855 – Metropolitan Building Act – definition and rights of owners

1858 – Public Health Act

1858 – Local Government Act – Deposit of Plans and Drawings

1863 – Cowen v Phillips – Adjoining Owner once contracted to purchase

1870 – Thompson v Hill – definition of adjoining owner

1873 – Weston v Arnold – Ousting is not on

1873 – Watson v Arnold – the type B party wall

1875 – Public Health act – DPCs, the structure of buildings, ensuring stability and prevention of fires, the drainage and provision of air space around buildings, to ensure health considerations Model By Laws consolidate Building Control

1878 – Bank of S America v Stokes – Suspension of common law rights

1879 – Knight v Pursell – Rights

1880 – Watson v Gray – The four definitions of the party wall

1883 – Hughes v Percival – Reciprocal duties – duty of care, duty to avoid nuisance, duty to minimise impact, a supervised workforce, expeditious undertaking,

1890 – Williams v Ball – the type a Party Wall

1894 – London Building Act

1905 – Model Bye Laws extended by parliament

1907 – Bennett v Harrods – The Party Wall Award and its construction

1908 – Jones v Pritchard – use of flue passing through AOs property

1915 – Hobbs etc. v Grover – sufficiency of party wall notices

1917 – Selby v Whitebread – the party wall surveyors are charged with facilitating the building owner’s rights and safeguarding the interests of the building owner via Award and party wall surveys aka schedule of conditions

1917 – Selby v Whitebread – addendum awards

1925 – Law of Property Act – severed party walls vertically, fabric and construction rights

1925 – Public Health Act

1936 – Public Health Act – British Standards as compliance indicator, Singe Model – voluntary (adoptive) not mandatory

1930 – London Building Act Party IX – The first party wall act

1939 – London Building Act Part V – contains The amended party wall act

1940 – Bond v Nottingham – Easements but with no obligation to maintain

1945 – Water Act

1959 – Rights of light

1959 – Town and country planning

1961 – Public Health Act

1965/1966 – Building Regulations – mandatory (paid out of rates) – Repealed local acts and gave power to minister to make building regs

1983 – Marchant v Capital – A properly constituted party wall tribunal’s award will not be interfered with by the courts

1984 – The Building Act – consolidated

1993 – Lehmann v Herman – all owners must serve notices

1996 – Party Wall Act – the suspension of common law rights

1997 Louis v Sadiq – Lawful works avoid liabilities

2000 etc. – Building Regulations

2001 – Rees v Skerett – weathering 2001 – Gyle Thompson v Wall St Properties – legal constitution of tribunal (the two surveyors)2010 – Kaye V Lawrence – don’t place your trust in thespians bearing gifts

2011 – Jones v Kannev – Don’t become a party wall surveyor unless you know what you are doing

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