14 Nov 19 by Dennis Venn
Vickery Holman were instructed at an early stage by a pro-active developer to give party wall advice and serve the relevant notices on the adjoining owners in relation to the construction of new apartments. The building was positioned between two blocks of apartments with minimal room for construction. The adjoining properties had multiple owners and tenants.
Due to being instructed at an early stage Vickery Holman were able to advise on changes that could be made to the project in order to eliminate some party wall issues that may have arisen and the potential to incorporate others that would enable access to the adjoining owners land that would not otherwise be available, providing the potential to save cost and time where the neighbours were looking to try and delay/disrupt the build process.
With 20 leaseholders, additional freeholders, and head lessees there was the potential to have 24 different surveyors appointed under the Act. By having early discussions with the adjoining owners and gaining their confidence only 2 surveyors were appointed, providing substantial savings in fees for the developer.
The Awards arising required security for expenses; careful negotiation by Vickery Holman and transparency with the adjoining owners’ surveyors enabled these amounts to be maintained at a sensible level and released back to the developer on completion of clearly defined key events maintaining a reasonable cash flow for the developer. The client included Vickery Holman in a multitude of aspects of the project going forward and worked with the Design Team to minimise disruption to the progress of the work.
Notices were sent to all owners and tenants (where required), Schedules of Condition undertaken on adjoining owners’ properties and Awards prepared.