Thoroughly researched and expertly written, the Faculty's growing library books offer a valuable resource for anyone professionally involved in Party Wall and related matters or anyone with interest in Party Wall matters, Construction or History.
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Misunderstandings & Guidance
|Format:||Paperback 215+ pages|
|Price:||£37.50 (inc p&p)|
The fourth edition of Party Wall etc. Act 1996 – Misunderstandings and Guidance, epitomises just some of Alex Frame’s admirable qualities and aims: a selfless determination to assist all party wall surveyors in keeping up to date with evolving case law and other developments in the discipline.
Knowledge of construction is essential, but this book draws attention to the key qualities of a successful party wall surveyor, an understanding of the Act, common sense, and a pragmatic approach.
Alex Frame emphasises that no textbook is a substitute for reading the Act, albeit the original intentions of those who drafted the legislation is not always entirely clear. The author identifies and addresses common misunderstandings which is critical to the successful implementation of the Act and reducing the number of awards which are appealed.
Some of the recent decisions of Judges have been of great assistance and the most salient court cases are skilfully interweaved within the main text of this book. This fourth edition therefore continues to provide essential guidance in the anecdotal and readable style of previous editions.
Woodward Chartered Surveyors
The Party Wall etc. Act 1996 has now been in operation since 1st July 1997, although surveyors had previously used it for very many years in its previous form as Part VI of the London Building Act (Amendment) Act 1939. The jurisdiction of the London Building Act was, of course, only for the inner London boroughs, but now this Act is applicable to the whole of England and Wales.
The problem with the Act is that, while it is extensive in its operation, it is a toothless tiger when it comes to invoking penalties for non-compliance. Basically, if the Act is ignored, there are no fines, penalties, or retrospective procedures, unlike with the Building Act 1984 and the Town Planning Act 1990.
With the above in mind, the author feels the need to highlight some of the misunderstandings and mistakes that are being made in the implementation of the Act. That is to say that these same misunderstandings and mistakes were being made before, under the previous London Building Act. Sad to say, many surveyors who have been practising for years have not really considered the matter seriously enough and are finding that as the nation becomes more litigious, they are being questioned more on their actions and the party wall awards that they are producing.
The purpose of this book is therefore not to castigate established surveyors but to assist their work, in order that the profession of practising party wall surveyors might be united in their interpretation of the Act, notwithstanding that the advice given cannot be absolute, simply because of the grey areas and anomalies that exist within the Act itself.
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Definitions of a Party Wall Surveyor 10
The Duties of the Third Surveyor 18
The Third Surveyor’s Position and Title 24
Acting as a Third Surveyor 33
The Status of a Third Surveyor’s Award 65
Party Wall Cases 77
A Third Surveyor’s Model Award 138
Party Wall etc. Act 1996 143
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