If you have started building an extension on your property and have since received a letter from a Party Wall Surveyor instructing you to stop – it can be a frightening wake up call. This is what happened in the case illustrated by the following photographs. Works have now stopped.

Philip Antino is an experienced Party Wall Surveyor that understands that sometimes home owners lack knowledge about their statutory obligations to inform their adjoining neighbours about their building works.
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The fact is, there are rules that govern and protect property owners from having buildings built on their land or too close to their boundary line. The bottom line is that if you are creating any of the below structures, it is probable that you would need the services of a Party Wall Surveyor like Philip. 
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 - Kitchen extension
 - Side extension
 - Double storey extension
 - Loft conversion
 - New roof
 - Conservatory
 - Fences
 - Garden walls

Whilst it’s acceptable for your neighbour to make external changes to their home, it can often be a time for worry and uncertainty for you. If you have a good relationship with your neighbour, Philip Antino would encourage you to maintain amicability to ensure that the building process goes ahead without any upsets – even if you do not agree with the building works planned, as long as they do not impact upon your property rights.

Even though the works planned, on paper, look as though it will impose on your property, your neighbour will have been in touch with the Local Council for it to be considered for planning permission and/or building regulations approval. The council do not assess planning from your perspective and just because approval is given does not mean they can interfere with your property rights.​

It’s interesting to note that in October 2008, 'permitted development rights' were extended to include the following building projects that can take place without applying for permission:

• Conservatories
• Home extensions
• Installing solar panels
• Roof alterations
• Laying patios and driveways

These new permitted development rights were due to expire on 30 May 2019, but have now been made permanent by the government.

Planning permission is still needed for:

• Extending a flat or maisonette
• Creating a self-contained flat by dividing off part of the property
• Loft Conversions
• Constructing a whole separate house in your garden
• Anything that might need a new or wider access to a trunk or classified road
• Dividing off part of your home to use as business or commercial premises, like a workshop, or adding a parking space for a commercial vehicle
• Anything that could obstruct the view of road users

Now whilst planning permission may not be needed for certain projects, a party wall notice will need to be served for work that impacts the party wall line between properties. A party wall notice may be needed for the following works:

Extension
Loft conversion
New roof
Garden walls
Conservatories
Fences

If you feel that your neighbour’s extension imposes on your party wall, it’s time to get in touch with Philip Antino. He is an experienced Party Wall Surveyor that travels throughout the UK, including: South Essex, North Essex, East London, South East London, Norfolk and Cambridge.

With over 20 years’ experience, he will be able to advise you on whether or not the works proposed by your neighbour need to be altered. He can undertake an inspection and organise a response to your neighbour that adheres to the remits of the Party Wall etc, Act 1996. It is the role of a Party Wall Surveyor to ensure that the building work that is being carried out fully complies with the Act and that this compliance protects adjoining properties from structural damage, inconvenience, and nuisance.

For your peace of mind contact Party Wall Surveyor Philip Antino today by:

Calling 01245 490 019
OR
Emailing: phil@antinoandassociates.com​​

Our eco system consists of all living organisms.  Trees play a major role in the ecosystem and since many of our trees are unique, their importance to the environment cannot be underestimated.  The community voice guidebook advises that 100 trees remove approximately 5 tonnes of CO2 and 1000lbs of other pollutants within their lifetime.  CO2 is toxic to the human body so it is important for trees to remove it.

There are also other benefits from trees which relate to the aesthetic beauty that they bring to our environment. However, it is regretful that when certain trees are planted within close proximity to buildings, they can have an adverse effect on the structural integrity of a building and those in the immediate vicinity.

Trees of particular importance are often protected by a TPO which could be applied for a number of reasons.  Philip Antino does not advocate a scorched earth policy by any means, but there are times when difficult decisions have to be reached and certain trees removed because they are detrimental to the environment and the immediate vicinity where certain buildings are being affected.

It is therefore misconceived that a TPO once applied to a specific tree cannot be removed.  That is simply not the case, but it does not mean that it is a straightforward process and in order to remove a TPO, certain criteria has to be demonstrated in order to the justify lifting of a TPO.

​Mr & Mrs W recently (2019), instructed Philip Antino of APA Property Services and Antino and Associates to advise them about a horse chestnut tree within their property.  The tree was planted at the same time as the property was built in 1971.  It is unusual to find a horse chestnut tree in a residential garden because they are primarily woodland trees, but nonetheless that was part of the planning application and a TPO was applied from the very beginning.​

Unfortunately, the tree has now grown to a disproportionate height, which is having a significant impact upon not only Mr & Mrs W’s property but their neighbouring properties.​

Tree roots will grow up to 1.5 times the height of the tree which is estimated to be 15 – 16m in height, and indeed the roots were also growing close to the soil surface towards the house. 

​It was anticipated that the root barrier installed in 1971 has deteriorated and subsequently failed.

Distortion was starting to occur within the footpaths and patios around the perimeter of the property and cracking and movement was starting to occur to the property.

Philip Antino was instructed to prepare a report and make an application to the local authority to have the TPO lifted.  His report set out (with a heavy heart) the reasons why the TPO should be lifted, whilst going to significant lengths to explain that Philip Antino would never advocate a scorched earth policy, and where an application for the removal of the TPO is implemented we do so for very good reasons and grounds.

The substantive points put forward on behalf of Mr & Mrs W by Philip Antino were recognised by the local authority and the TPO was lifted.

Arboriculturalists have now been instructed to advise on the felling of the tree, which will have to be undertaken over a substantial period of time due to the consequential problems arising out of potential heave.  This will be monitored and managed with Philip Antino, of Antino and Associates, providing an overseeing role over the next 5 to 10 years.

If you have concerns about a tree which has a TPO and would like advice - do not hesitate to contact Philip Antino at phil@antinoandassociates.com or call 01245 490 019 and we will assist you as far as possible.

However, please bear in mind that we will not unless there are significant grounds, recommend an application being made to the local authority for reasons set out above. Trees are an important part of our ecosystem, and their removal must not be undertaken lightly.

Having building works done to your property, can be simultaneously exciting and nerve racking. It’s exciting to think and dream about what it will be like using your new space and nerve racking when thinking through the logistics you have to put in place before work starts.

​There’s a lot to consider! Part of that consideration, must also include the neighbours.
Unfortunately, Philip Antino, has seen far too often this oversight occur when adjoining neighbours are ignored and not served party walls until after works have begun. The result can mean friendships become strained or broken or an injunction is obtained by the adjoining neighbour to get the works stopped.

This can all be avoided if a party wall notice is served to your neighbour in a timely fashion. The process forms part of the Party Wall etc, Act 1996 and hiring the party wall services of Antino and Associates will give you clarity and peace of mind. ​

If you have not received anything from your neighbours before works commence – get in touch with Antino and Associates today so that we can briefly discuss your case and arrange a site inspection.​

Undertaking building work of any kind, within the home, can be an exciting and nerve-wracking time. There’s plenty to think about and organise both pre and post build. Taking expert advice from Philip Antino will help you avoid the pitfalls of current legislation such as the Party Wall etc Act 1996.

On your to do list should be:

Managing your budget
Have you thought about how your budget will stretch for the exterior AND interior aspects of the build? It’s important to allocate funds to the interior finish, accessories and furnishings so that the new part of the house can be lived in as soon as possible.

Also, try and keep a handle on where your money is going right from the start. Building an extension can quickly start to haemorrhage money, if careful project management isn’t undertaken.

Hiring expert help
Even if you are prepared to undertake some of the building work yourself, or take on the role of project manager, it is inevitable that you will need to hire expert help for some aspects of the project. Philip Antino has the expertise to offer guidance with regard to hiring professionals in the following remit:

Architectural designs can help with getting the most out of your space and creating a plan of how you want your new area to look. Philip Antino’s practice can assist with these.

Building control can be hired to oversee constructions and ensure that they are built in accordance with Building Regulations and associated legislation. Philip Antino has extensive contacts with approved Building Control.

You can find more information by clicking on these links:
 
www.building-control.co.uk
www.lbbuildingcontrollimited.com
www.londonbuildingcontrol.co.uk

Builders are hired to undertake the construction of the build.

Interior designers can be appointed to get the perfect finishing touches to your soft furnishings and co-ordinate colours to get the best look possible for your new room/s.

Party Wall Notice
A Party Wall Notice is a legal document (prepared by a Party Wall Surveyor) that outlines the works you intend to carry out. If those works are in close vicinity to the party wall or boundary wall of your adjoining neighbours, the Notice will inform them about what will take place. 

Getting the timing right of when to serve a Party Wall Notice, is also important, so make sure you hire a Party Wall Surveyor before your start your project. Your adjoining neighbours need two months written notice on building works which affect a party wall or boundary, and a month’s notice for excavations. 

There are three types of notice:
• Line of Junction
• Party Structure and
• Notice of Adjacent Excavation

Provide Philip Antino with drawings and he will be able to tell you which type of Notice your building project requires.

It’s imperative that you do not ignore your statutory obligation of serving a Party Wall Notice on your neighbour for the following reasons:

1. Undertaking building works without a party agreement is against the law
2. Your neighbour may obtain an injunction and force you to stop works
3. The costs incurred from such action could have profound financial consequences

Philip Antino and his experienced staff have dealt with over 2,000 party wall matters over 22 years, so you will be in safe hands. We fully understand that the construction process for domestic residents can be a minefield of new (and sometimes confusing) information and we are there to ease your burden – not add to it.

If you need further advice you can contact Philip Antino by phone, email or completing a form.
We have Party Wall Surveyors in and across Essex, South East London, Norfolk and Cambridge.

Get in touch if you require a:

There is a reason why certain builders have a reputation for being cowboys and perhaps this photograph is a good indication of just how ridiculous some of the lengths contractors will go to, to cut corners on jobs.

This scaffolding (for want of a better description) comprises of an assemblage of reclaimed timbers and some scaffold boards jerry rigged to extend across this first-floor canopy roof.  The contractor then proceeded to render the front elevation first floor walls, and decorate thereafter.

It seems absolutely ridiculous that someone has such low regard for their own safety and life.  This contraption/configuration creates so many issues that would be obvious to any person even those not operating within the construction industry that it is dangerous and unsecure.  Why would they want to put their lives at risk?

Well two reasons, one they are simply stupid and have no regard for their own life, or they have charged for scaffolding but then decided to save money, keeping it in their pocket and jerry rigged this arrangement.
I have to say if it is the latter then it does not matter how much money you have in your pocket, if you are dead, you are dead.

There but for the grace of God goes this contractor on this occasion.  However, Murphys law is such that if you do something often enough then sooner or later it will go wrong.  It is therefore perhaps only a matter of time before this contractor has a serious injury, hopefully not fatally. Where is H&S when you need them?
If a contractor was to put this on the outside of your house, you should immediately stop him and disengage him because anyone who has such disregard for his own life, will have even less regard for the quality of the work to your property.

As Forrest Gump said “stupid is as stupid does”.

I do not think I will ever be surprised at the stupidity (perhaps ingenuity) of some people. I hope this helps persuade some builders that this is simply not appropriate.

​​I need a Party Wall Agreement for my loft conversion?
​If you have a terraced, semi-detached or end-of-terraced house you have, you should take advice from a Party Wall Surveyor to put in place a Party Wall Agreement before the works take place.

Loft conversions to detached houses do not engage the party wall act. Generally, however, loft conversions do not require planning permission and can be classified within permitted development, but the circumstances of your property need to be considered fully.

It is not a straight forward process and finding out where your property boundary is requires expert advice which may include reviewing its title plan. Title plans are maps held with HM Land Registry, which is a non-ministerial department that was formed in 1862.
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Its purpose is to enable people to register the ownership of their land or property. As an expert in this field, I am amazed that in the majority of cases these maps/plans do not have measurements recorded on them. Given the intent behind the purpose of the maps/plans, this should be a logical addition.​​​

What could have been settled by the Mohamed’s for £12,299.66 is now costing them £31,498.72 plus unknown legal fees for Mr Hearsum and Mr Isaac.

​I do not understand the logic adopted by the Mohamed’s.

​However, given Master James recent criticism of Mr Hearsum attempting to claim double fees that the Mohammed’s should have their legal costs independently assessed.

If anyone still believes that opting out of the Party Wall Act and using mediation is a sensible way forward, then they need to take a long hard look at the associated costs and risks associated with doing so. Whilst it might favour the legal professionals it will not suit the owners.

The Party Wall Act works, when there are surveyors acting independently and not being guided by their appointing owners or their legal advisers.

I have received a Party Wall Notice from my neighbour, what should I do next?
If it is your belief that the crack has appeared as a direct result of your neighbours building works, the first thing you should do is re-read your Party Wall Notice. Check if there is a clause within it that permits a final inspection by your Party Wall Surveyor. Relay to him your concerns and he will assess whether or not the actual work is outside the remit of the authorised Notice. If his inspection reveals that the work was not permitted and/or is the cause of the crack in your garage, the building owner will be in breach of the award.

If this is the case, the Act sets out how the surveyor will deal with this problem, and how it will be addressed. You can request payment in cash for the repairs.​

They cannot challenge, in my view, whether the surveyors have the right to make that determination because it must follow that Parliament anticipated the party wall surveyors reaching (even if it is disputed) an option as to where the boundary is, so that valid notices can be served under the legislation.

The party wall surveyors should state within their Party Wall Award, the basis which they are saying the boundary is in that position.  It is for the purposes only of determining under the Party Wall Act whether s.1 applies, and then leave it for the owners to challenge if they wish to do so.

The case of Bibizadeh v Dodosh where Mr Philip Antino acting for the adjoining owners (“Dodosh”) and the building owners having served in the first instance notices under s.1(5) to build a wall on the line of junction.  They could not agree on the position of the boundary.  The Bibizadeh’s attempted to withdraw the notices, which HHJ Bailey recorded in his judgment, could not be done, they refused to appoint a surveyor.  As a dispute had arisen Philip Antino appointed under s.10(4) because the building owners had refused to comply with their obligations.

The two surveyors jointly agreed the position of the boundary and served an Award.  The Award was initially challenged on a preliminary point which failed, and the Bibizadeh’s then chose to challenge any other aspects of the Award including the boundary position.

A drawing was produced by Philip Antino setting out the boundary position as discussed and agreed between the two surveyors and determined in the Award. Unsurprisingly, that was subsequently challenged by the Bibizadeh’s in later litigation before HHJ Bailey who held that the drawing produced by Philip Antino correctly reflected the position of the boundary.  The boundary was then set out in accordance with that drawing by a wholly independent surveyor selected by the Bibizadeh’s and the fence that had been unlawfully removed by the Bibizadeh’s reinstated.

There can be no clearer indication than the decision in this litigation and/or indeed on the literal reading and a common sense approach, that the Act anticipates boundary positions being an issue, and that the surveyors are required to make a determination on a boundary position in order to complete their statutory obligations, in respect of s.1 of the Party Wall etc. Act 1996.

I dream of building a large, open-plan kitchen, but don’t want to move home to get one, would a kitchen extension be the solution I’m looking for?
 
Not only will this type of extension give you the extra room you desire and better flow of space, it could also add value to your home and be considerably cheaper than moving.
 
A kitchen extension can be a large project, so thorough planning is key. You need to decide on the proposed use of the new extension, for example is it to:
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·       create a spacious cooking and prep area
·       create a combination of separate dining and cooking area
·       be able to entertain friends and family more frequently
 
It’s important to write a list of all the features that you already have in your kitchen, then add the features and appliances that you wish to include in the space. Involving a Kitchen Company at an early stage is also key to achieving your goals. We would recommend www.emersoninteriors.co.uk  for your first point of call.

BENEFITS OF BUILDING A KITCHEN EXTENSION
 
You get to make it your own with full design control
Rather than buying a new home, you get to alter and personalise your existing one. You are in control of creating the additional space in the areas you actually need it.
 
You'll save time and money
Instead of handing over a huge deposit on a new home and paying solicitors fees, stamp duty and a removal company to get your furniture there, extending your home will save you money in the long run. Cost is affected by how complex the build is and sticking to a simple design can mean paying less. It’s a good idea to avoid having things made to order and take on some of the work yourself - if you’re confident. Labor and materials might cost more for unusual shapes and designs. Building over a manhole might require diverting the drains and incurring further costs and most certainly a license form the local water authority will be required.
 
You'll increase the value of your home
Extending your kitchen can effectively raise the value of your property as the aesthetics and design will be updated. As well as increasing the square footage, with the right design, your home will become more functional.
 
So will my kitchen extension require a Party Wall Agreement?
Party Wall Agreements are most commonly needed for building works that involve extensions and loft conversions that require the insertion of damp proof courses and the excavating of new foundations. Before commencing work on your kitchen extension, you (the Building Owner) will need to give the affected neighbours (Adjoining Owners) Notice of your intended works.  Their response will dictate whether a Party Wall Agreement is required. This will be prepared by a party wall surveyor and will outline how the works will progress.
 
To start this process, you will need to serve a Party Wall Notice on your neighbours, in writing, about the planned party wall works. This notice must be given to your neighbour between one and two months before you plan to start building works. You can speak to your neighbour to explain the work you want to carry out, before giving notice in writing.

​You must tell your neighbour if you want to:
·       build on or at the boundary of the two properties
·       work on an existing party wall or party structure
·       dig below and near to the foundation level of their property
·       dig below and near to any structures on your neighbours property.
 
Examples of this type of work include:
·       building a new wall on the boundary
·       cutting into a party wall
·       raising the party wall upwards or indeed (basements) downwards
·       removing chimney breasts from a party wall
·       knocking down and rebuilding a party wall

​The Role of the Party Wall Surveyor
The role of the Party Wall Surveyor (or the “Agreed Surveyor” if the two owners can concur in a single appointment) is to prepare a document known as a “party wall award” (sometimes called a “party wall agreement”).This document sets out the owners’ rights and responsibilities in relation to how the work should proceed and covers items such as working hours, what happens in case of damage and access for the surveyor(s) during the course of the works.
 
What is a Party Wall?
In simple terms a party wall divides the buildings of two owners with the boundary between ownerships, usually, but not always positioned at the centre of the wall. If you live in a semi-detached or terrace house you share a wall (or walls) with your neighbour and that wall is known as a party wall.
 
Party walls usually separate buildings belonging to different owners, but could include garden walls built astride a boundary known as party fence wall. Where a wall separates two different size buildings, often only the part that is used by both properties is a party wall, the rest belongs to the person or persons on whose land it stands.
 
What is a party wall used for?
A party wall is for the benefit and convenience of both owners. Each adjoining owner has the right to its full use of the party wall in the improvement and enjoyment of his property. Neither owner can use the wall in a manner that impairs the other's easement or interferes with his or her property rights.
 
An owner is not entitled to extend the front wall or rear wall of his building beyond the middle of the party wall. In addition, an adjoining owner can position beams into the party wall but not beyond the middle of the wall. Neither party can attach fixtures over the adjoining premises such as window shutters, pipes, gutters etc., even if the fixtures do not damage, or interfere with, the rights of the adjoining owner. An easement does not give either owner a right to construct and maintain a roof or cornice that extends beyond the party wall and over the property of the adjoining owner.
 
Will my kitchen extension need planning permission?
If the work is classed as permitted development, you won’t need to apply for planning permission, but you may wish to apply for a certificate of lawful development, which proves the project is legal. If you do need planning permission, you will have to apply to the local council, and may need additional reports and drawings. Whichever route you are taking, you will need building regulations approval. It may be necessary to issue a party wall notice if you are building on or close to the boundary with your neighbours.

If you are thinking of building a kitchen extension (or any extension) or are already underway with drawing up your plans get in touch with the team at Antino & Associates on 01245 490 019. We can advise you of next steps to ensure that your project moves forward without any hiccups. Our Party Wall Surveyors are based in Chelmsford but travel across the UK to deal with all types of party wall issues.
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The owners of No. 1a Thorley Hill, Bishops Stortford, Hertfordshire, CM23 3ND submitted an application to East Herts Council for front and rear extensions under planning application 3/18/0899/HH.

​This incorporated a two storey front extension and a single rear extension.  The owners of No. 1 Thorley Hill were concerned that this would have a detrimental effect on their property and their quiet enjoyment of their house. They instructed, party wall surveyor, Philip Antino to carry out a detailed assessment of the local authority planning and national planning policy framework policies, the site, the proposed works and to provide advice.

​Mr Antino’s findings were such that he believed that there were justified grounds to register objections with East Herts Council opposing the proposed development, particularly the double storey front extension which was within a matter of several metres of No. 1 Thorley Hill.

It was further of notable concern to Mr Antino that No. 1a Thorley Hill had already been extended substantively to the side with double storey extensions and to the rear, increasing the original footprint by some 350%.

Upon consideration of the relevant factors and the East Herts local plan 2007 policies EMV1, EMV5 and EMV6 together with the national planning policy framework submissions were made to the East Herts Council in the following terms.

The proposed front extension by reason of its scale, sighting and design would cause unacceptable harm to the amenity use of No. 1 Thorley Hill which would result in a significant loss of light and create an overbearing effect for the occupiers of No. 1 Thorley Hill.  The proposed extension, by reason of its scale, sighting and design would cause unacceptable harm to the character and design of the surrounding street scene.