The Party Wall etc. Act 1996

Philip Antino is a leading expert and published author on The Party Wall etc. act 1996 and Neighbourly Matters.

We will guide  you through the complicated statutory obligations whether you are the Building Owner undertaking certain building works or the  Adjoining Owner entitled to notice prior to the commencement of the works. A failure to serve the section 1, 2, 3 or 6 notices will give rise to for the Adjoining Owner to obtain an injunction  to force the Building Owner to stop works until they have complied with their statutory duties. An injunction has profound financial consequences for the Building Owner so it is important that the correct advice is obtained before the commencement of the works. 

Statutory Notice required for the following :

  1. Prepare and serve Section 1 building  a new wall on the line of junction
  2. Prepare and serve Section 2 boundary wall,
  3. Prepare and serve Section 2 Party fence wall  
  4. Prepare and serve Section 2 External wall.
  5. Prepare and serve Section 3  Party Structure Notices,
  6. Prepare and serve Section 6(1) 3m notices for excavations 
  7. Prepare and serve Section 6(2) 6m notices for excavations
  8. Prepare and serve Section 10(4) Notices
  9. Prepare and serve Section 10(8) Notices
  10. Prepare and serve section 10(1) (a) Party Wall Awards
  11. Prepare and serve section 10(1) (b) Party Wall Awards
  12. Prepare and serve Third Surveyor Party Wall Awards
  13. Section 10(11) advice 
  14. Section 12(1) advice

Philip Antino will  accept appointments as:

  1. Agreed Surveyor 
  2. Adjoining Owners surveyor
  3. Building Owners Surveyor

Philip Antino regularly accepts selection as a:

  1. Third surveyor 

Building Owners Advice:

APA will on receipt of the project drawings provide an initial advice setting out the Building Owners statutory duties. The report will set out what notices should be served and upon whom. 

Once appointed our expert Philip Antino will manage the whole process from dealing with the adjoining owners and/or their appointed surveyor to service of the Party Wall Award.

Our professional and efficient service will ensure you can start your works as quickly as possible without fear of an injunction or breaching the Act.

Building Owners pre-construction advice reports start from £100+vat without further obligation. 

Party wall notices can be prepared and served from £25.00 + Vat per adjoining (neighboring owner) property.

Building Owners Party Wall fees start from £750+vat

Adjoining Owners Free Advice:

The cost of appointing your own Party Wall Surveyor is generally recoverable from the Building Owners, under the statutory legislation 

If you receive a notice from the Building Owners you should immediately contact APA for initial no-obligation advice on your statutory rights, If you appoint Philip Antino as your surveyor, the Building owner is ultimately liable for our professional fees, because the Act adopts the general view that the Building Owner should pay the reasonable costs incurred by the Adjoining Owner for party wall advice. This is reinforced under s.10 (12) & (13) of the Act.

The Party Wall surveyors role is to ensure full compliance with the Act, thus protecting there property from structural damage, inconvenience, and nuisance.Adjoining Owners 

Your rights are only protected if you appoint a surveyor, fail to do so and you are exposed to substantial costs and potential litigation when it all goes horribly wrong.

As an Adjoining Owner it is inevitable that you will be contacted by "AMBULANCE CHASERS". There are a number of organisations, (some of which operate under the RICS banner) that troll the  Local Authority Planning Applications, with a view to writing to the Adjoining Owner with the intention of painting a very bleak picture of the consequences of the proposed work. Those of us that operate a professional practice frown upon this conduct as unethical. 

Appoint an AMBULANCE CHASER at your Peril. In APA's view anyone that has to resort to this approach to secure appointments should be avoided at al times.

 

The Courts' recognise Philip Antino's Expertise 

"Mr Antino is a palpable witness"

- HHJ Hildyard QC [2015] Best & Best v Parkins & Dennis Luton County Court
"Mr Antino is an acknowledged expert in the field of party wall issues” 

– HH Judge Murfitt QC 2013.  Rusciani V Kumar & Sharma [2012 ] Chelmsford County Court
“I have known Philip for many years as a surveyor, he is a very good surveyor, as this book shows he is a very good author and this book can only advance his reputation” 

– HH Judge Philip Bartle QC 2012.

For an informal discussion, please contact Philip Antino on 01245 492495, or email Philip on phil@apaproperty.com.

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