Training Course

Section 1
1. Defining Owners and Ownership
2. The relevance of occupiers
3. The Act in outline
4. Notices: The requirements; Service (Section 15); Authority to serve
5. Owners: Establishing who they are; What if owners change?; What if a Building Owner decides not to proceed?
6. Party Wall Surveyors: Definition; Duties; Appointment & Fees; Power to correct defective notices; Statutory tribunals
7. Defining a dispute
8. Section 10: Resolution of disputes

Section 2
9. Section 6: Adjacent excavation and construction
10. Special Foundations
11. Defining Party Fence Walls, Party Walls and Party Structures
12. Section 1: Construction and repair of walls on Line of Junction
13. Section 2: Repair etc. of Party walls: Rights of owner
14. Section 3: Party Structure notices
15. Section 4: Counter notices
16. Section 5: Disputes arising under Sections 3 & 4
17. Section 7: Rights etc.
18. Section 8: Rights of Entry
19. Section 11: Expenses
20. Section 12: Security for expenses
21. Section 13: Account for work carried out
22. Section 14: Settlement of account
23. Sections 9 and 16 to 19: Easements; Offences; Recovery of sums; Exception in case of Temples; The Crown
24. Section 20: Interpretation (where not already covered)

Section 3
25. Awards: Sample awards as guides; Acting within your jurisdiction – what should and should not be included
26. Schedules of condition
27. Case law (see below)
28. Recovery of fees as Adjoining Owner’s surveyor
29. Liability in negligence and professional indemnity insurance

Section 4
30. Putting learned skills into practice. Attendees will be asked to:
a. Interpret ‘live’ case drawings to identify works in pursuance of the Act
b. Determine on whom notices should be served
c. Complete whichever notices they feel appropriate
d. Draft an award using templates provided
Feedback on the task will be given orally on the day. Written feedback will be posted within 7 days of the course.

Section 5
1. Introduction to Building pathology
2. Introduction to Building surveying
3. Introduction Boundary surveying
4. Understanding basic structures and types of loads
5. Understanding drawings, plans in architecture

Reading Materials
1. The Party Wall Act 1996 – (www.legislation.gov.uk/ukpga/1996/40/contents)
2. The Party Wall Case Book (Paul Chynoweth)
3. The Law and Practice of Party Walls (Nicholas Isaac QC

General information
Some sections of the Act will be studied in greater detail than others with more emphasis being given to those which are
1. the basic building blocks of the procedure, and
2. contentious as to their interpretation among practicing surveyors

This is because once you have a thorough knowledge of those sections, others that follow from them, principally Sections 11 to 14, which at first sight can seem daunting, become easier to read and their relationship to preceding sections are better understood.

Discussion of each section of the Act will include interpretative commentary and consideration of the different opinions of leading surveyors where interpretations vary.

Applicants must note that this course will not provide sufficient tuition to enable anyone to act as a Third Surveyor. That role should only be undertaken by a surveyor with an intimate knowledge of every nuance of the Act as regards its interpretation and implementation, which only the experience of dealing with a wide variety of different situations and their potential ramifications, can give.

Course materials will include:
1. A copy of the Party Wall etc. Act 1996
2. Sample notices, counter notices and forms of acknowledgement
3. Memoranda of appointment for use under Sections 10(1) and 10(4)
4. A sample explanatory letter to an Adjoining Owner
5. Actual and pro-forma sample awards (Two surveyors and Agreed Surveyor)
6. Actual and pro-forma sample schedules of condition
7. Templates of labels for plans and other documents accompanying awards
8. Copies of legal judgements (full or abstract) – see below
9. Course notes

A sample of Case Laws from below will be inclusive (Two Day Course Only)

Copies of Judgements or abstracts from the following cases will be included in the course material. Some of these documents are lengthy and the issues complex. Accordingly, it will not be possible to consider each case in detail. However, the principles established in these cases will form part of the core study.

Christine Reeves v Beatrice Blake (2009)
Onigbanjo v Pearson & Pearson (2008)
Rodrigues v Sokal (2008)
Manu v Euroview Estates Ltd. (2007)
Udal v Dutton (2007)
Zissis v Lukomski (2006)
Roadrunner Properties v Dean (2004)
Frances Holland School v Wassef and Another (2001)
Louis v Sadiq (1997)
Chartered Society of Physiotherapy v Simmonds Church Smiles (1995)
Gyle-Thompson and Others v Wall Street (Properties) Ltd. (1994)
Woodhouse v Consolidated Property Corporation Ltd. (1993)

The Assessment and Interview
Passing the open Book Assessment to become a member of the Institution
Passing the interview to become a full member of the Institution
Grades, StudentIPWS AffilliateIPWS AssocIPWS, MIPWS, FIPWS
Recognition with Local Authorities and The Built Environment
IPWS Lecturers & Training Team
David Taylor BA(Hon) MCIAT PPCABE FCABE (Hon)FaPS FIPWS
Margaret Jeffers-Carter BSc C.Build E FCABE MCIOB Cert Ed FIPWS
Mike Lilford BSc MRICS FIPWS
Amrit Sagoo BSc MSc MBEng PhD MRICS MCIOB MCABE FIPWS
Tony Copeland PhD MA DipEng PGCE Cert Ed FIPWS FCMI ACABE
Natasha Williams PhD MA BA (Hons) AssocRICS MIPWS
Asha Nasar MSc BSc MIPWS
Alastair Hollands BSc MCIOB FIPWS