Consultation process

Our role incorporates 3 key elements:

1. Studying a potential redevelopment site and the client's aspirations for it
2. Advising on the resulting legal implications, focusing on the private rights of third parties, access rights for construction and maintenance of the building and the legal obligations under the Party Wall Act
3. Advising the Design & Construction team in the lead up to redevelopment on how to reduce the impact on neighbours, as well as negotiating any matters which arise

Boundary mapping

The legal position of the boundary and whether the walls around the perimeter of the site are party walls, influences the design and development of congested sites. This simple exercise influences so many of the restrictions and obligations for development. It can also increase the site area available, and therefore value, so should be carried out at an early stage. We thoroughly review site features along the boundary and research the history of the area's build up. This allows us to identify any discrepancies in the legal title and ascertain if a party wall exists.

Party Wall Act matters

We identify the need for consent under the Act, research the various legal interests in adjoining buildings and serve notice on adjoining owners and agree Awards with their appointed surveyors.

Crane and scaffolding oversail licences

Where access is required, we approach the adjoining owners and negotiate the terms of a licence and agree the obligations upon the developer.

Boundary disputes

Where there are discrepancies or ambiguities in the boundary of a building, we prepare detailed plans and agree the position of the boundary with adjoining owners and register the Determined Boundary at H.M. Land Registry.

Neighbourly liaison

It is important to consider the environmental impact of a development on occupying neighbours, regardless of whether there are any legal consents required from them. We advise the client team on the best practices to ensure considerate working and keep the adjoining owners abreast of the potential impact of the proposed works.

Schedules of condition

A schedule of condition is taken of adjacent properties before redevelopment works commence. It is often the case that neighbours who feel their buildings vibrate from adjacent works associate it with defects that are evident in their building. Often the damage existed beforehand but went unnoticed. Carrying out a schedule of condition before the works start ensures that genuine claims for damage are dealt with.