Party Wall & Neighbourly Matters

Strategic Development Solutions at R.Tag

Here at R.Tag, we think with the objective of making the most efficient use of land and maximising development potential whilst minimising cost and risk, it is essential to consider surrounding properties when looking at the design of a project.

Early advice is vital to resolving and mitigating problems that can otherwise lead to major areas of planning risk and severely hamper the development prospects. Our in-house team of specialist surveyors provides a full consultancy service as early as the pre- acquisition and feasibility stage, progressing through planning and concept design, to on-site delivery.

ENQUIRE NOW
Party Wall & Neighbourly Matters

What is a Party Wall?

The Party Wall etc. Act 1996 covers three distinct types of work; alterations to party structures (usually walls but may also be floors), the construction of new walls at the boundary and excavation close to neighbouring properties.

These are some typical examples of work that is likely to be covered by the Act:
1

Cutting beams into a party wall as part of a loft conversion.

2

Removing chimney breasts that are attached to a party wall.

3

Excavating for the foundations to a new extension within 3m of a neighbouring or shared structure.

4

Underpinning a party wall to facilitate a basement extension

A right to light is a civil matter and is separate from daylight and sunlight as considered by Local Planning Authorities.

Rights of light must, therefore, be considered even if the planning permission has been granted. Rights of light can affect both domestic and non-domestic properties- even non habitable rooms are capable of enjoying a right of light.

In England and Wales, a right to light is usually acquired under the Prescription Act 1832. Under the Act, a right to light usually occurs once light has been enjoyed through defined apertures of a building for an uninterrupted period of 20 years.
An infringement may give the neighbouring owner the right to seek an injunction to have the proposed development reduced in size or re-designed. If the loss of light is small and can be adequately compensated by money, a court may decide to award compensation instead of an injunction.

A right to light is a civil matter and is separate from daylight and sunlight as considered by Local Planning Authorities.
Rights of light must, therefore, be considered even if the planning permission has been granted. Rights of light can affect both domestic and non-domestic properties- even non habitable rooms are capable of enjoying a right of light. In England and Wales, a right to light is usually acquired under the Prescription Act 1832. Under the Act, a right to light usually occurs once light has been enjoyed through defined apertures of a building for an uninterrupted period of 20 years.

An infringement may give the neighbouring owner the right to seek an injunction to have the proposed development reduced in size or re-designed. If the loss of light is small and can be adequately compensated by money, a court may decide to award compensation instead of an injunction.

For professional advice on your refurbishment scheme, please do contact us.

PHONE EMAIL FORM

The right is to ascertain the amount of light and not to all of the light that was once enjoyed. Mathematical calculations are used to determine whether or not a development causes an infringement. For speed and accuracy rights to light calculations are undertaken using specialist computer software.

We tailor our advice to suit your project requirements. However, our rights of light report will typically cover the following areas:

  • Calculations to confirm whether or not rights of light are injured
  • Identification of injunction risks
  • Compensation valuations where risks are identified
  • Advice on the appropriate strategy for dealing with rights of light risks

We can help you maximise site potential by calculating the optimum development size. This is known as a maximum envelope. However, it is often possible to go beyond the maximum envelope, providing an appropriate rights of light strategy is put in place. This may include reaching agreements with affected neighbours or putting insurance in place to cover potential claims.

For a tailored advice on the appropriate strategy for dealing with your rights of light risks, whether you are a developers or neighbours, please do contact us.

PHONE EMAIL FORM

What is a Party Wall?

The Party Wall etc. Act 1996 covers three distinct types of work; alterations to party structures (usually walls but may also be floors), the construction of new walls at the boundary and excavation close to neighbouring properties.

These are some typical examples of work that is likely to be covered by the Act:
1

Cutting beams into a party wall as part of a loft conversion.

2

Removing chimney breasts that are attached to a party wall.

3

Excavating for the foundations to a new extension within 3m of a neighbouring or shared structure.

4

Underpinning a party wall to facilitate a basement extension

A right to light is a civil matter and is separate from daylight and sunlight as considered by Local Planning Authorities.

Rights of light must, therefore, be considered even if the planning permission has been granted. Rights of light can affect both domestic and non-domestic properties- even non habitable rooms are capable of enjoying a right of light.

In England and Wales, a right to light is usually acquired under the Prescription Act 1832. Under the Act, a right to light usually occurs once light has been enjoyed through defined apertures of a building for an uninterrupted period of 20 years.
An infringement may give the neighbouring owner the right to seek an injunction to have the proposed development reduced in size or re-designed. If the loss of light is small and can be adequately compensated by money, a court may decide to award compensation instead of an injunction.

A right to light is a civil matter and is separate from daylight and sunlight as considered by Local Planning Authorities.
Rights of light must, therefore, be considered even if the planning permission has been granted. Rights of light can affect both domestic and non-domestic properties- even non habitable rooms are capable of enjoying a right of light. In England and Wales, a right to light is usually acquired under the Prescription Act 1832. Under the Act, a right to light usually occurs once light has been enjoyed through defined apertures of a building for an uninterrupted period of 20 years.

An infringement may give the neighbouring owner the right to seek an injunction to have the proposed development reduced in size or re-designed. If the loss of light is small and can be adequately compensated by money, a court may decide to award compensation instead of an injunction.

For professional advice on your refurbishment scheme, please do contact us.

PHONE EMAIL FORM

The right is to ascertain the amount of light and not to all of the light that was once enjoyed. Mathematical calculations are used to determine whether or not a development causes an infringement. For speed and accuracy rights to light calculations are undertaken using specialist computer software.

We tailor our advice to suit your project requirements. However, our rights of light report will typically cover the following areas:

  • Calculations to confirm whether or not rights of light are injured
  • Identification of injunction risks
  • Compensation valuations where risks are identified
  • Advice on the appropriate strategy for dealing with rights of light risks

We can help you maximise site potential by calculating the optimum development size. This is known as a maximum envelope. However, it is often possible to go beyond the maximum envelope, providing an appropriate rights of light strategy is put in place. This may include reaching agreements with affected neighbours or putting insurance in place to cover potential claims.

For a tailored advice on the appropriate strategy for dealing with your rights of light risks, whether you are a developers or neighbours, please do contact us.

PHONE EMAIL FORM

Our Chartered Surveyors have the specialist knowledge and expertise required to bring practical experience successfully to undertake the contract administrator’s role impartially, post appointment, often integrated with the project manager’s role at pre-contract, resulting in a comprehensive inception to completion service.

R.TAG Building Consultancy has a proven track record gained from years of cross sector experience in the industry to include the provision of specialist advice to monitor specific areas of work, for new and refurbishment projects.

The service includes:

  • Feasibility studies to assess the viability and suitability of works.
  • Obtain statutory consents
  • Design, specification and schedule of works preparation
  • Initiate and manage appointment of contractor through tendering procedure
  • Preparing and issuing contract documentation
  • Managing the works to ensure completion on time and within budget
  • Undertaking design and specification duties
  • Initiating and managing appointment of contractor through tendering procedure
  • Preparing and issuing contract documentation
  • Managing the works to ensure completion on time and within budget
  • Pre-snagging inspections to ensure works are completed satisfactorily
  • Post project review and evaluation
  • Assessing contractual claims