London Party Wall Surveyors

We provide bespoke services carefully tailored to your project needs, aspirations and requirements. We’re here to think outside the box, considering every angle and providing you with creative solutions to overcome any obstacles. 

What is the Party Wall etc Act 1996?

The Party Wall etc Act 1996 (the Act) is a legislation which applies throughout England and Wales. The Act’s commencement date can be traced back to July 1997 and is the remodelling of several historic Acts including the London Building Act 1930 and Fire of London Disputes Act 1666.

An overview of the rights of the parties under the Act and the role of a Party Wall Surveyor?

The Act gives absolute enabling rights to an owner of a particular property or land (known as the Building Owner) to carry out certain works which could affect the neighbour (known as the Adjoining Owner). These works are notifiable under the Act. 

The Act requires the Adjoining Owner(s) to be notified prior to the commencement of the notifiable works by way of serving valid Notice(s). 

Once Notice(s) are received by the Adjoining Owner(s) they can either consent or dissent to the works. If the Adjoining Owner(s) consent; no further action is compulsory to be taken. If the Adjoining Owner(s) dissent this is known as a “dispute” under the Act.

Further, the Act details the protocols to be followed if a “dispute” occurs between the Building Owner and Adjoining Owner, such as the statutory appointment of Party Wall Surveyor(s) and the process they must follow to resolve it on behalf of the Building Owner and Adjoining Owner in relation to the notifiable works. 

Refer to Party Wall Matters For Building Owners for more information about what construction works are notifiable and the party wall process including timeframes. 

Refer to Party Wall Matters For Adjoining Owners for more information about what the rights of Adjoining Owners are and how appointing a Surveyor would safeguard your position as the Adjoining Owner. 

For a brief overview of the Party Wall Process please click on the video below

Party Wall Matters For Building Owners

As a Building Owner, you may intend to carry out work that may affect adjoining properties. Your obligation under the Act as the Building Owner is to notify any neighbour(s) / Adjoining Owner(s) of your proposals, which is usually done by serving requisite Notice(s) referencing the works you intend to carry out which are notifiable under the Party Wall etc. Act 1996. 

Examples of notifiable works are as follows: 

Works up to or on the boundary line:

  • Section 1 of the Act applies, and a Line of Junction Notice would be required.

Typical works requiring Section 1 Notice:

  • Applicable when building new walls or placing foundations up to but not beyond the boundary line.
  • Projecting footings insofar as necessary onto the Adjoining Owners land
  • A party wall can be erected astride the boundary with the neighbour’s consent under section 1(2) of the Act.

Other Considerations:

  • Rights of access into neighbouring land may also apply.
  • A wall built wholly on the Building Owner’s land cannot be contested by the Adjoining Owner so long as no part of the extension to include (but not limited to) air bricks, vents or flues, guttering, fascia or foundation transgress the Line of Junction.
  • A wall-built half and half astride the Line of Junction under section 1(2) allows the building owner to gain additional space and the Adjoining Owner to make use of the party wall in the future subject to an enclosure payment under section 11(11) of the Act.
  • If consent isn’t provided by the Adjoining Owner for a Party Wall to be built astride the line of junction the Building Owner must build a boundary wall wholly on his own land.
  • Notice for Line of Junction Notices must be served at least one month prior to carrying out these works.

Works to the Party Wall or Structure

  • Section 3 (for rights given for works referenced in Section 2) applies and a Party Structure Notice would be required.
  • Applicable when carrying out works to shared structures between the two owners such as Party Walls, Party Structures (which can include ceilings and floors) and Party Fence Walls.

Typical Works requiring Party Structure Notice and applicable sections under the Act:

  • This can include raising the Party Wall or Party Parapet Wall (typically for loft extensions), underpinning or thickening strengthening or safeguarding when basement excavations are proposed).
  • To cut into the Party Wall or Structure to insert beams, padstones, steel spreader plates (typically for loft conversions) or inserting a damp proof course.
  • Making good a Party Wall due to defect or want of repair (costs can be defrayed between the two owners depending on various factors such as which party did not maintain their side).
  • Removing protrusions from a party wall or boundary wall such as columns, projecting footings, walls, chimney breasts, jambs or flues.
  • To demolish and rebuild a Party Structure of insufficient height and strength.
  • To remove any overhang from the Adjoining Owner’s land such as eaves or coping splays to raise your wall.
  • Weather-proofing junctions (generally with lead flashing when an independent building is raised abutting another wall or building).
  • Exposing a Party wall subject to providing adequate weathering (required when removing roof covering for a proposed loft extension).
  • To demolish and rebuild Party Walls or Party Fence walls to facilitate a new proposed flank wall of an extension.

Other Considerations:

  • You do not have the right to take down a Party Wall without rebuilding it.
  • Under the Act, a Building Owner cannot dress a flashing over the lower parapet wall of an Adjoining Owner’s building, unless it is cut into the parapet wall.
  • Rights for access into the neighbouring land may apply to carry out works.
  • In this instance, notice must be served at least two months prior to carrying out these works.

Excavation works

  • Under Section 6(5) of the Act, an Adjacent Excavation Notice would be applicable in the following circumstances:
  • Section 6(1) applies when the Building Owner proposes to excavate within three metres and to a lower level of neighbouring foundations;
  • This is typical for site investigations and proposed foundations for extensions.
  • Section 6(2) applies when the Adjoining Owner’s building is within six metres of the excavation and the building owner’s actions would cut through a diagonal plane at 45 degrees from where the face of the wall of the adjoining building, projected downwards, would meet the bottom of its foundations (applicable when carrying out excavations for piled foundations, new-builds or basements).

Other Considerations:

  • Access entry rights into the adjoining land are not granted for section 6 works as excavations are usually sited entirely on the building owner’s land. However, scaffolding and temporary structures extending into adjoining land to assist the erection of the buildings supported by new proposed foundations may be permitted.
  • Vast majority of buildings in London have shallow foundations so when excavating within three metres works will likely be notifiable.
  • In accordance with section 6(5) of the Act, If needed and required by the Adjoining Owner; safeguarding the neighbouring property by way of strengthening or underpinning can be carried out at the complete expense of the Building Owner. These instances are very rare.
  • Notice must be served at least one month before carrying out adjacent excavation works.

If you are planning to carry out any construction works or would like confirmation on whether your works are covered by the Party Wall etc Act 1996, please get in touch or call our team of London Party Wall Surveyors on 020 7117 2976.

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Party Wall Process

1. Service of Notices and Response

Once it has been ascertained that the proposal has notifiable aspects that require notification, requisite Notice(s) must be served with adequate Notice period given. 

Upon receipt of the Notice, each of the Adjoining Owners will have 3 options:

Consent

If the Adjoining Owners do not have an issue with you proceeding, they will consent. No further surveyors’ fees relating to the preparation of the Award(s) would be necessary. Once the Notice period has lapsed you are at liberty (but no obligation) to commence works – or earlier by agreement. 

To further limit your liability and to avoid erroneous claims of damage, we highly recommend a Schedule of Condition (condition Survey) being prepared of the Adjoining property.

Dissent and appoint their own Surveyor

The Adjoining Owner has the right to appoint their own independent surveyor to represent them and administer the Act on their behalf. 

Your surveyor will represent you in the party wall process and look out for your best interest under the remit of the Act whilst working with the Adjoining Owner’s Surveyor to agree the terms of the Party Wall Award. The two surveyors conventionally also inspect the Adjoining Owner’s property to prepare and jointly agree the Schedule of Condition (condition survey of the neighbouring property). 

You will be obligated to cover the costs of their surveyor (in most instances). As the Building Owner’s surveyor, we will act efficiently, limiting the time input by the Adjoining Owner’s surveyor. We will review the neighbouring surveyor’s timesheet looking to omit inefficient use of time and working to ensure you are not overcharged.

Dissent and appoint the Building Owner’s Surveyor as the Agreed Surveyor

This is when the Adjoining Owner(s) wish to appoint the Building Owner’s Surveyor as the Agreed Surveyor. This is the best and most economical option for the Building Owner, as only one set of Surveyor’s fees will need to be covered. A fixed fee will be provided for the service of the Award as the Agreed Surveyor.

We will act fairly and impartially administering the Act on both parties behalf. The timeline is generally shorter as there is no other surveyor to convene an inspection with or negotiate the terms of the Award with.

2. Site Inspection

Once an Agreed Surveyor(s) has been appointed:

One of our highly experienced team would carry out a full inspection of the neighbouring property with particular focus on areas near where the notifiable works are proposed to take place. Utilising descriptive notes whilst referencing photograph numbers, we document the pre-existing condition of the neighbour’s property prepared and presented in professional format. This document would be referenced to in the event of an allegation of damage. The Schedule of Condition should allow any damage related items in dispute to be resolved quicky and smoothly without the involvement of the surveyors, reducing and eliminating professional and potential legal costs.

3. Negotiation of the Party Wall Award

The Party Wall Award is a legally binding document that illustrates the rights of the Building Owner such as the liberty to commence notifiable works.
It also places obligations on the Building Owner to ensure works are carried out in accordance with agreed terms and design. 

The Schedule of Condition report and drawings and any method statements would be appended to the Award.
It also protects the Adjoining Owner against any damage or unnecessary inconvenience caused by the works.
It can permit access for works in pursuance of the Act. 

The purpose of the Award is to resolve the dispute on behalf of the parties.

4. Service of the Award

Once the terms of the Award are agreed and finalised, the Award is served on both parties simultaneously. The Building Owner is free to commence works subject to the Notice period (or earlier by agreement) and appeal period of 14 days has lapsed. We recommend the Award is read through carefully to familiarise yourself with the rights and obligations of the parties and to share the copy of the Award with the contractor.

5. Post Award After Care

We are more than happy to talk through the Award contents with you to ensure that all complex matters have been understood. Should any issues or disputes arise after the service of the Award. We remain committed to resolving them on your behalf. Any item(s) agreed and resolved between the two parties does not require to be referred to the surveyors saving professional costs. A post works inspection of the neighbouring property will be conducted. Following which the file will be closed.

Building Owner - Party Wall FAQs

A Party Wall is a wall that sits astride the Line of Junction. Generally, the boundary line / line of junction runs halfway between the Party Wall making 50% of the wall sitting on either side of the boundary. However, this is not always the case. A wall does not need to sit equally astride the boundary to be considered “Party”. Ceilings and floors shared in block of flats with adjacent leaseholders are also considered party. A garden wall separating properties which sits astride the Line of Junction is considered a “Party Fence Wall”.

If your work is notifiable under the Party Wall etc Act 1996, yes you will need to serve Notice. Works on the boundary line, works to the Party Wall/Structure and excavation works are likely to require service of a Party Wall Notice(s). For further information please revert to the section under heading “Examples of notifiable works are as follows”.

Alternatively contact us today for a free review of your proposals and we will let you know whether your works require service of Party Wall Notice(s) or not.

Depending on the type of notifiable work proposed; the Act stipulates a particular timeframe when Notice must be served prior to the intended commencement date of notifiable work.

These are as follows:  

Types of works proposedType of Notice RequiredSection of the Act applicableNotice Period
Works on the Boundary LineLine of Junction NoticeSection 1One Month
Works to the Party wall / Party StructureParty Structure NoticeNotice to be served under section 3 for rights given Section 2Two Months
Excavation WorksAdjacent Excavation NoticeSection 6One Month

If the neighbour consents or an Award is served prior to the Notice period lapsing, works can commence with prior agreement of the Adjoining Owner.

Although there is nothing stopping you from serving Notice yourself; we do not recommend this. We are aware templates exist online that can be used to serve Notice. From experience, we have seldom seen a Notice served by the Building Owner to be correct or valid. Specific information and correct references need to be made. If a Notice is deemed invalid, the Notice must be served again. This is particularly likely to happen with an Adjoining Owner who is unhappy with the works proposed and particularly inconvenient when you are required to serve valid Notices anew when matters are at an advanced stage losing time and money. Our recommendation is to let the professionals do it.
If your notifiable works have commenced and no Notice has been served, works must stop. As the works are unlawful and are in breach of the Party Wall etc Act 1996. An injunction could potentially be sought by the Adjoining Owner. Surveyor(s) must be appointed under Section 10 of the Act and the due process followed. Once Award(s) are served you are free to commence works.
If your work is notifiable then the Party Wall etc Act 1996 applies to you. 

Works on the boundary line, works to the Party Wall / Party Structure and Adjacent Excavation works are notifiable under the Act.
The Building Owner has a statutory duty to serve requisite Notices. To ensure validity of the Notices we recommend that you commission a surveyor to serve these on your behalf.

Further, If the Adjoining Owner dissents, an Agreed Surveyor or respective Surveyors must administer the Act on behalf of the parties in accordance with Section 10 of the Party Wall etc Act 1996. 

A Schedule of Condition (condition survey) will be prepared which records the condition of neighbouring property prior to your works commencing. Negating the likelihood of spurious claims of damage. 

A Party Wall Award will be negotiated and served which illustrates your rights to carry out the notifiable works (including terms to adhere to such as timings, access and working practices) and the Adjoining Owner’s to be protected. The Award resolves disputes and includes items therein to mitigate the likelihood of damage and further disputes occurring between the parties. The Schedule of Condition report and design information will be appended to the Award.
No. Notifiable works can only commence once the Award has been served. And when the Notice period has either lapsed or has been waivered off by the neighbour if the Award has been served prior to the Notice period lapsing. You could start non-notifiable work such as soft stripping prior to the service of an Award.
The Adjoining Owner has 14 days to respond to the initial Notice(s). If no response is received a subsequent 10-day Notice is served informing the Adjoining Owner that they have deemed to have dissented under the Act and now must appoint a surveyor. If no response is received to the 10 day letter; upon the lapsing of 10 days from the date of the aforementioned letter, an independent surveyor can be appointed on their behalf in accordance with Section 10 of the Act. 

We can select a reasonably priced surveyor who will not be adversarial to represent the Adjoining Owner(s). Their appointed surveyor will write to them requesting access for a Schedule of Condition inspection (condition survey). If no response is received, the surveyor will move forward with the inspection. If access is not provided by the Adjoining Owner. The external elements of the building will be noted, and the surveyors will proceed with the process and conclude the Award.

This depends on the size and complexity of the project.

The Adjoining Owner has 14 days to respond to the initial Notice and an additional 10 days to respond to the subsequent 10 Day Notice.

In our experience the following timeframes are common once Surveyor(s) have been appointed:

Site Investigation or basic remedial works1 – 2 Weeks
Loft Conversion and Extensions2 – 3 Weeks
New builds4 – 6 Weeks
Basement Conversions8 – 12 Weeks

Please note that the timeframes are very much dependant on various factors that are outside our control. Such as speed of response of the Adjoining Owner. Timing and availability of the Adjoining Owner or their surveyor in relation to providing access into the Adjoining property for the Schedule of Condition. Quality of the information received in the first instance (the better the quality and completeness of design, the quicker the process takes).

This very much depends on various factors. Adamo Estates will provide you with a competitive fixed fee. We will work to ensure the Adjoining Owner’s surveyor(s) provide a breakdown of their time. We look to omit unproductive time charges and consider market conventions when agreeing Adjoining Owner’s Surveyor(s) fee. If the hourly rate of the Adjoining Owner’s Surveyor is high (due to long experience or qualifications) we expect them to be more productive and conclude the matter quicker.

If you are planning to carry out any notifiable works, or would like confirmation on whether your works are notifiable, please contact our team on 020 7117 2976 now.

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Party Wall Agreements For Adjoining Owners 

As an Adjoining owner, you have the statutory right to receive Notice(s) from your neighbour if their works are covered by the Party Wall etc Act 1996. Once received, the Notice starts a procedure under the Party Wall etc. Act 1996, giving you 14 days to respond. 

As the Adjoining Owner, you can either: 

1. Consent to the works

This is when you are happy for the Building Owner to go ahead with the works and you do not wish to appoint a Surveyor. In this instance we recommend that a Schedule of Condition (condition survey) is prepared of your property prior to any works being carried out at the Building Owner’s property. So, if damage is caused to your property, the condition survey can be used to address and resolve the matter quickly and efficiently. The neighbour (Building Owner) will be responsible to cover all costs.

2. Dissent to the works and appoint the Neighbour's Surveyor as the Agreed Surveyor

In this instance a Party Wall Award will be prepared and served. A single / joint surveyor will administer the Act between both parties. The neighbour (Building Owner) will be responsible to cover all costs of the Agreed Surveyor.

3. Dissent and appoint your own independent surveyor to safeguard your interests

In this instance a Party Wall Award will be prepared and served. We carefully consider the Building Owner’s proposals and ensure request for information and provisions that limit the likelihood of the structural integrity of your property being compromised are received.

We agree mechanisms in the Party Wall Award to ensure that you are not unnecessarily inconvenienced by the works.

Our duty involves negotiating and agreeing the following items (but not limited to) in the Award:

  • Reviewing the complete Notice paperwork including design information available.
  • Convening a Schedule of Condition inspection to record the pre-existing condition of your property prior to the works commencing next door
  • Inclusion of design information mitigating potentiality for issues
  • Instructing a Structural Engineer to review proposals
  • Protection to the exposed areas of your property
  • Protocols for dealing with damage
  • Access rights and restrictions
  • Timings of the works
  • Security monies
  • Compensation

Once a response has been decided, if the works are dissented to, the party wall surveyor(s) then compile and serve a Party Wall Award (a legally binding document between the two parties). This document outlines any rights, obligations, and restrictions to help safeguard the interests of the Adjoining Owner and provide a protocol to follow in the event of damage or unnecessary inconvenience caused by the works next door. All costs are covered by the neighbour (Building Owner).

If you have received a party wall notice and would like any further advice or would like to know more on how Adamo Estates can assist you, please contact our team on 020 7117 2976 now.

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Adjoining Owner – FAQs

If you have been served with Party Wall Notice(s) as the Adjoining Owner, you have 14 days to respond. You can respond by consenting (no further action will be taken) dissenting and appointing one joint surveyor as the Agreed Surveyor (this is usually the most economical option for the neighbours as they will only pay one set of surveyor’s fees instead of two). Or appointing your own independent surveyor. From experience appointing your own independent surveyor allows for more rigorous checks and thoroughness. 

If you do not respond to the initial Notice(s) within 14 days of its service, you have deemed to have dissented under the Act. A subsequent 10-day letter would be served upon you requesting that you appoint a surveyor. If you do not respond with an appointment of your surveyor within 10 days of the date of the letter; the Building Owner can appoint an independent surveyor to represent you on your behalf who would make contact with you in due course. 

If you would like control over the appointment of the surveyor and would like to find out how we can provide you with a bespoke service suited specifically for your needs. Get in touch.
The Party Wall etc Act 1996 only relates to the works covered therein (notifiable works) such as works on the boundary, works to the Party Wall / Structure and excavation works. 

The Act cannot cover works that do not fall under its remit / jurisdiction. 

It must first be ascertained that the Building Owner is indeed carrying out notifiable works under the Act. 

An injunction can be applied for in the County Court to stop the neighbour’s work. An Award can be put into place to document the notifiable works and regulate the outstanding notifiable works by serving Notices and following due process up until an Award is served; upon which the injunction can be removed. Any damage claims relating to notifiable works for which Notice has been served can be dealt with by the surveyors. 

Matters relating to works for which no Notice has been served cannot be dealt with by the surveyors. 

If notifiable works have been completed an injunction cannot be sought and the matter will be covered by common law and any damage claims dealt with by the courts. 

It is prudent to be sure regarding the types of works being carried out and their progress. The Adjoining Owner who obtained the injunction would also be liable if it comes to pass that the Injunction was sought when it was not applicable. We strongly recommend seeking specialist legal advice before obtaining an injunction.
Section 7(2) of the Act protects the Adjoining Owner and occupier from unnecessary inconvenience. Some inconvenience will be experienced by virtue of the fact that there is a building site next door. It’s when it gets excessive and when an actual loss has been suffered that a potential claim can be pursued. It is for the appointed surveyor(s) to make a determination when agreement regarding compensation cannot be reached between the two parties. 

The appointed surveyor(s) also can place restrictions in relation to timings with regards to the notifiable works.

Excessive noise has to relate to the notifiable works or otherwise it is not within the remit of the Act and the jurisdiction of the surveyors. 

Excessive noise is considered a Statutory Nuisance under the Environmental Protection Act 1990 and can be dealt with by the local authority council.
Section 8 of the Act allows the Building Owner to obtain access for works in pursuance of the Act. Which means that if there is no other way to carry out the notifiable work other than to obtain access into your land then the Building Owner will have the right to access the neighbouring property in a manner and timing as stipulated by the Party Wall Award and conditions. 

If notifiable works can be carried out without obtaining access than access would not be permitted into the Adjoining Owner’s land.

Access for Adjacent Excavation works is generally not permitted into the Adjoining Owner’s land. 

Where access is not permitted under the Act but required this can be dealt with by way of a License agreement which is entirely at the discretion of the Adjoining Owner. 

Please note that access is not permitted under the Party Wall etc Act 1996 for maintenance works but covered under the Access to Neighbouring Land Act 1996.

The Building Owner usually pays for the Adjoining Owners cost by way of their surveyor’s fees.

Rare instances where the Adjoining Owner may be liable for costs are as follows:

  • When work is required to a Party Wall or structure due to defect or want of repair, and it is deemed that the Adjoining Owner is responsible for lack of maintenance; costs can be defrayed proportionately between the two parties.
  • When it is proposed to demolish and rebuild a Party Wall and both owners would make benefit of it.
  • The Adjoining Owner can serve a counter Notice requiring modification for his own reasonable convenience in relation to the Party Wall or Party Structure requiring the building owner to build in or on the wall or structure such chimney copings, breasts, jambs or flues, or such piers or recesses or other like works, as may be reasonably be required for his convenience. For example, when the building owner is proposing to reduce the height of a wall, the adjoining owner can require him to maintain its existing height (s 11(7)).
  • When matter(s) in dispute between the parties or surveyors is referred to the third surveyor for determination and the third surveyors awards costs against the Adjoining Owner.
If Notices have been served for the notifiable work and Award served. Damage claims can be dealt with by the appointed surveyors. The Adjoining Owner can either opt for the Building Owners’ contractor to make good damage or ask for payment in lieu of making good damage. A subsequent Award documents the damage. If Notice was served and damage took place prior to the service of Award, then the appointed surveyors can deal with this by way of Award. 

The Award stipulates the quantum of compensation and timeframe in which it must be paid. If the Awarded costs are not settled within the stipulated timeframe the Award can be enforced in the Magistrates Court. 

If no Notice(s) has been served, the general consensus is that the matter will need to be dealt with under common law and not under the remit of the Party Wall etc Act 1996.

Accreditations

We are a Chartered Building Consultancy regulated by the Chartered Institute of Building (CIOB). Initially founded in 1834 the CIOB is the industry’s largest and one of the most respected regulatory bodies. Adamo Estates shares their main values of professionalism, integrity, excellence and respect.
All our surveyors are either members or fellows of the Faculty of Party Wall Surveyors. One of the Party Wall profession’s leading regulation bodies. The Faculty provides training and regulation. Members and firms are bound by its strict code of conduct and are required to continually enhance their knowledge and skills.

Why Use Adamo Estates?

Highly Experienced and Accredited

We have decades of experience amongst our team who focus solely on Party Wall Matters.

Qualified and Insured

Our in-house surveyors are members of the Faculty of Party Wall Surveyors, Our firm maintains insurance cover for Party Wall services.

Professional

We provide clear and concise practical advice in lay terms helping you navigate the sometimes complex landscape of Party Wall matters.

Reliable

We keep you informed of the process throughout providing regular updates and pride ourselves in providing quick responses.

Reasonable

We are a friendly, personable and approachable team that looks to establish a business and personal relationship with you, helping to each the desired outcome.

Related Blog Posts

Party Wall Matters Case Studies

High Road North Finchley N12

Client: Varis Investments Limited Architect: Planning Architecture Limited Synopsis: Party Wall Services Provided for a Five Storey Development of a Mixed-Use Property to Include Extension and Basement works. Full Description: The project was located in a prominent location on a High Road. The proposal consisted of partial demolition of existing building, extensions and façade alterations […]
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Park View Road Ealing W5

Client: Centuri Homes Limited Architect: Red and White Architects  Synopsis: Premium Residential Development in London. Party Wall Awards Secured for Basement Works.  Full Description: A two-storey detached period property; the developer proposed a full-scale refurbishment and conversion to convert the existing property into multiple self-contained units to include a subterranean basement.  Adamo Estates was commissioned […]
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Shenley Road Borehamwood WD6

Client: Maverstone Properties Limited Architect: Planning Architecture Limited Synopsis: Party Wall Services Provided for a Four Storey Development of a Mixed-Use Property.   Full Description: Adamo Estates initially provided neighbourly matters advice to the client in relation to the demolition and construction access rights, permissive paths and oversailing agreements. Adamo Estates were successful in obtaining […]
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