party wall surveyor for computing Party Wall Act compensation

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party wall surveyor for computing Party Wall Act
compensation
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• It often happens that the property owner of the
  neighbouring property raises a party wall in the
  process, the view from your terrace or balcony
  gets spoilt. Or, the sunlight gets obstructed
  because of the party wall. Can you claim party
  wall damage compensation from your neighbour?

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• Interpreting the Party Wall Act and awarding
  compensation to the neighbour can be a bit of a
  challenge with many sections included in the Act.
  While the 1939 Act had compensations in the
  Section 50(2)(b), certain new provisions have now
  been put under Section 7(2) as Party Wall Act
  compensation. It states that the building owner
  is liable to compensate the adjoining neighbour
  or owner or occupier for any loss or damage
  resulting from any work carried out in pursuance
  of the Party Wall Act 1996.

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• As per the Act, the compensation is limited to
  the scope Party Wall Award. It does not seek to
  compensate the neighbour or the occupier for
  losses that arise from negligence in work or
  inconvenience caused to the other party. Party
  Wall surveyors have a big and crucial role to
  play in not only preparing the Party Wall Award
  but also estimating the damages and losses and
  accordingly get the neighbours compensated

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• In the example above, the damages influence the
  value of your property. While there may not be
  any other kind of perceivable damages, this is
  also a loss that you get compensated for. A lot,
  therefore, depends on how the calculations of the
  damages and losses are done. An experienced party
  wall surveyor should be involved to estimate the
  accurate Party Wall Act compensation. While some
  surveyors go as per the Party Wall Award, others
  also consider other factors and take a call on
  whether they would strictly apply the relevant
  principles or go beyond to consider all aspects
  of the spirit of the Act and the underlying
  purpose.

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• Party wall surveyors why do we need one?
• If there is work that you intend to carry out on
  the Party Wall, you need to notify your
  neighbours before starting work as per the Party
  Wall Act.
• If your neighbour is all set to undertake work on
  the Party Wall, then you must be informed well in
  time so that the work does not cause
  inconvenience to you. A party wall surveyor will
  ensure that your neighbour is responsible for
  damages caused.

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• A party wall surveyor will offer party wall
  advice after surveying the party wall and ensure
  that things are as per the Act and all aspects
  are considered in the Party Wall Award. Arun
  Associates is a reputed RCIS-accredited chartered
  surveyor offering professional and ethical advice
  based on the Party Wall Act's requirement.
• Source URL https//www.vevioz.com/read-blog/7040