Positively dealing with neighbours when developing is often vital to the successful outcome of projects. Whilst there are various legal Acts there to help it is still important to positively manage the process. Projex are able to offer experienced advice on all neighbourly matters and we set out below the 4 key steps.
- UNDERSTANDING THE PROPOSED DEVELOPMENT CONSTRAINTS EARLY: In maximizing the developable area, design often extends to the site boundaries. It is vital these correctly identify legal boundaries and advice on potential development constraints as part of the early design review, costed to inform the correct design solutions.
- SERVE NOTICES WELL IN ADVANCE OF NOTIFIABLE WORKS: All developers should be aware that adjoining owners can appoint their own independent surveyor, serve counter-notices and make requests for security of expenses. This process takes time. Having a clear list of the information necessary to obtain third party approvals, ensures Party Wall Awards are in place well in advance of notifiable works starting.
- Establish a clear Request for Information schedule early in the process and proactively manage the delivery in conjunction with the design team.
- ACCURATELY MANAGE ADJOINING OWNER’S COSTS: The building owner or developer will be responsible for all professional costs associated with the adjoining owner to include surveyor’s legal fees. Including over-sailing licenses or deeds of agreement where required.
- POSITIVELY ENGAGE WITH ADJOINING OWNERS TO REDUCE PROGRAMME RISK: We recommend the Party Wall surveyors form an active part of the early design process and maintain contact through the build to ensure site difficulties can be identified in early course. A proactive non-confrontational approach is beneficial to all parties.
Rights To Light
Projex working with our external consulting partners are able to offer advice on this important development constraint to identify risk and provide advice on alternate designs solutions to eliminate planning and potential neighbourly disputes.
Understand Your Over-Sailing Rights
Major developments often require licenses to be agreed with neighbours for over-sailing their land with cranes and scaffolding. The right to over-sail their land in these instances can only be granted by express consent from the neighbours and this often involves ‘consideration payments’ being requested by neighbours, affecting both the project budget and timescales.