2 South West Building & Construction SOUTH WEST


December 2010


BUILDING & CONSTRUCTION


Tavistock Newspapers Ltd, 14 Brook Street, Tavistock, Devon, PL19 0HE. Tel: 01822 613666 Fax: 01822 618222


INSIDE THIS ISSUE


■ Winner of competition - Page 3 ■ No room for complacency - Page 6 ■ Christmas greetings - Page 8 ■ Knowles roadshow - Page 11 ■ RG Spiller marks 170 years - Page 12 ■ Roger & Jones Architects - Page 15 ■ Duchy and Payne Timber - Page 16 ■ Environment Topics - Page 18 ■ Working with wood - Page 27 ■ Calendar for 2011 - Pages 30-31


CAPTION FOR FRONT PAGE PICTURES: News and information from the businesses on the front cover is featured in this issue of South West Building & Construction magazine.


Quote of the month


‘


Miss, when are we rehearsing the Electricity Play - A young pupil getting the wrong word for the school Nativity Play.


STEPHEN HOMER


required? Security


Stephen Homer, a former chairman of the CIC South West (Devon & Cornwall), highlights a recent ruling.


IN the recent case of Kaye v Lawrence, the Technology and Construction Court (TCC) was asked to determine an important practical question about the extent to which security for potential damage to property may be required under section 12 (1) of the Party Wall etc Act 1996 (the Act). Mr Lawrence intended to carry out works on his property, which were within three and six metres of Mr Kaye’s property and at a depth as defined by the Act. By a notice, under section 6 (1) and 6 (2) of the Act, Mr Lawrence informed Mr Kaye of his intentions and of his right to object to the works. Mr Kaye duly responded to the notice registering his dissent.


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Both parties each then instructed a surveyor for the purpose of resolving the dispute in accordance with section 10 of the Act. The two surveyors then appointed a third surveyor to determine certain disputed items.


Mr Kaye appealed to the


TCC over the third surveyor’s decision with regard to a request by Mr Kaye that Mr Lawrence provide a bond or project- specific insurance policy in respect of potential damage to Mr Kaye’s property. In his decision, the third surveyor had held that a bond or insurance policy could not be requested under section 12 (1) of the Act unless it was proposed to carry out work to the adjoining owner’s land or property, a view


inline with the Pyramus & Thisbee Club’s commentary in the Party Wall Explained (2nd Edition). The TCC had to decide whether the wording ‘any work in the exercise of rights conferred by this Act’ in section 12 (1) of the Act, supported Mr Kaye’s submission that he had the right to request the security from a building owner who intends to carry out works only on the building owner’s land. The TCC held, by applying the ‘plain meaning rule’ and the ‘commonsense construction rule’ to section 12 (1) of the Act, that the statute wording meant that both works carried out on the building owner’s land as well as works undertaken on the adjoining owner’s land were covered by the provision. Consequently, the TCC found that the third surveyor had erred in his finding that Mr Kaye was not entitled to security and that the commentary by the Pyramus & Thisbee Club was incorrect. This decision may potentially lead to increased financial costs for those who intend to carry out works which are within the scope of the Party Wall Act 1996, as an adjoining landowner now has the ability to request that the building owner take out some form of security against damage to the adjoining landowner’s property. If anyone has any queries arising from this article, I can be contacted via email at s.homer@ashfords.co.uk.


SOUTH West Building & Construction magazine is now available to read on the worldwide web. The magazine, which is part of Tavistock Newspapers Ltd, can be found on the internet at www.tavistock-today.co.uk. Under menu on the home page, click the Special Publications button. This opens a new page. Then click on the cover of an edition of South West Building & Construction magazineto view that issue in full.


DISCLAIMER: The CIC SW (Devon & Cornwall) will not accept any responsibility for any loss occasional to any person acting or refraining from action as a result of the material included in this publication.


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