Expired Sui Generis Course – Part 1 – 5th June 2025 (Virtual)

This essential party wall course has been organised as a manageable four-part series, so even the busiest of surveyors can take the time to attend!  The cost is £45 for members and £70 for non-members for each event. It is recommended for you to book immediately for availability purposes; and if you book all four (advertised on this website separately)  please contact the Administration Office to gain a free entry to a future FPWS Forum event. 

Each course provides 2.5 hours of CPD and will run via Zoom between 3.00 p.m. and 5.30 p.m. on the following dates:

Course Part 1 – Thursday 5^th of June 2025

Course Part 2 – Monday 16^th of June 2025

Course Part 3 – Tuesday 1^st of July 2025

Course Part 4 – Tuesday 15^th of July 2025

Shaw Kelly (Barrister) & Daniel Ross (FPWS Director) will deliver on:

Course Part 1– “NO NOTICE, NO ACT?”

Understanding the Legal Foundations of the Party Wall etc. Act 1996 

This course explores the foundational principle of the Party Wall etc. Act 1996: that statutory protections, procedures, and remedies are only triggered when proper notice is served. Without notice, the Act does not apply, surveyors have no jurisdiction, and building owners lose statutory protection. We examine how this threshold operates, and where the boundary lies between statutory procedures and common law remedies like nuisance, trespass, or injunctions. Recent appellate authorities, especially Power & Kyson v Shah [2023], now confirm that the Act’s process cannot be unilaterally engaged by an adjoining owner. Surveyors and legal professionals will leave with a clarified understanding of where party wall jurisdiction begins and ends.

Outline:
I. Sui Generis – understanding the Act’s unique statutory framework
II. The “gateway” into the Act – Sections 1, 2, and 6
III. Mandatory notice: procedural threshold for statutory jurisdiction
IV. No Notice, No Act – Power v Shah and Roadrunner v Dean revisited
V. The Act vs. Common Law –Compensation (Taylor v Jones), trespass, nuisance, boundary disputes
VI. Retrospective authorisation of works: surveyor limitations
•When (if ever) can works be “regularised”?
•K Group v Saidco and the limits of surveyor power
VII. Legal risks of unauthorised works: injunctions and damages
VIII. Historical foundations: Woodhouse and Louis v Sadiq
IX. Easements and the Act – the Arena v Europa 2000 clarification
X. Applying professional guidance: FPWS/RICS/Explanatory Booklet
XI. Practical guidance: identifying notifiable works and preserving client rights
XII. Summary: lawful invocation of the Act and its consequences

CPD certificates will be issued after the event. Please be aware that if you do not join within the first 30 minutes, you will not receive a CPD certificate. We cannot be responsible for anyone that does not attend the zoom meeting and please note that we will not provide video recordings of events that are missed.

Once booked, we will send you the link a day prior to the webinar via email to access the meeting, therefore please make sure that you fill in the contact details correctly on the booking form. For bookings of more than one person, can you please fill in the individual contact details for each person so that we can send the link to both parties.

*Booking expires on the 4th June 2025*

For those that book, further details on how to access the ZOOM seminar and instructions will be sent separately in due course. The link will be sent to you a week before the event. If you do not receive this within one week of the event please call the Faculty administration office. Hard copies of the documentation will also be sent in the post a week prior to the event. 

We look forward to seeing you.

TERMS AND CONDITIONS

1) Once payment has been made the delegate accepts these terms and conditions.
2) The Faculty of Party Wall Surveyors (FPWS) reserves the right to cancel up to 48 hours prior to the date of the course and will offer either a full refund or an alternative event and/or dates.
3) Delegates will be entitled to a refund of 50% if cancellations are received in writing up to 14 days prior to the course date.
4) Delegates will not be entitled to any refund if (a) they cancel within 14 days; or (b) they fail to arrive on the day.
5) FPWS will not guarantee a place unless payment is made in full at the time of booking.
6) This booking is not transferable for any reason unless expressly agreed in writing with FPWS.