We were contacted by a residential owner who was due to undertake an extension to his house in Horsham. The owner had served Party Wall Notices in accordance with the Party Wall Etc. Act 1996 on his neighbour. The neighbour had consented to the works and therefore in accordance with the Party Wall legislation a party wall award was not required. The owner contacted insurers to notify them of his imminent building works advising that Party Wall notices had been served and consented to.
The insurers requested a Schedule of Condition of his neighbour’s property as a precautionary measure prior to the works starting. A Schedule of Condition would set out the condition of the neighbour’s property prior to the works which would allow a fair assessment of any future claim for damage from the neighbour, should it arise.
We wrote to the adjoining neighbours to advise of our instruction and requested access, which was not initially forthcoming. Access to allow the inspection was finally granted and the inspection was undertaken.
During the inspection we were able to explain the process to the neighbours in more detail, including the fact the Schedule of Condition protected both parties. It was explained that the document would set out the current condition and this could be checked at the end of the works, thus, any damage, if it were to occur, would be clearly identifiable.
The Schedule of Condition was prepared and included detailed description and condition of the elements in the property with supporting photographs.
Copies of the Schedule of Condition were issued to both our client and his neighbours. The Schedule of Condition can be revisited following the completion of the works in the event there are any claims of damage by the neighbour.
