PARTY WALLS & THE “DE MINIMIS” RULE

HomePARTY WALLS & THE “DE MINIMIS” RULE

PARTY WALLS & THE “DE MINIMIS” RULE

party wall surveyor Shirley and south croydon

Some works on a party wall surveyor Shirley may be so minor that service of notice under the Act would be generally regarded as not necessary. 

These are works which are said to be so trifling that the Act need not be invoked. If the works themselves, as well as any associated risk of damage to an adjoining owner’s property, are so minor so as to be negligible, then the service of a notice under the Act would generally be regarded as not necessary.

Things like: 

  1. drilling into a party wall surveyor South Croydon to fix plugs and screws for ordinary wall units or shelving 
  2. cutting into a party wall to add or replace recessed electric wiring and sockets 
  3. removing old plaster and replastering 

may all be too minor to require a notice under the Act. 

However, the key point is whether your planned work might have any possible consequences for the structural strength and support functions of the party wall as a whole, or cause damage to the Adjoining Owner’s side of the wall. If you are in doubt about whether your planned work requires a notice you might wish to seek advice from a qualified building professional.

If works are to be argued as de minimis, then all the following factors should generally apply: 

  1. The works would generally not take more than a few hours to complete, 
  2. would not require access over the adjoining owner’s land, 
  3. would not cause any real disruption to the adjoining owner, 
  4. if conducted competently would involve an absolutely negligible risk of damage 
  5. the cost of appointed surveyors to award on such works would be plainly disproportionate.

For more information visit https://partywallssurveyors.co.uk/or contact 0203 239 8666 / 0777 3360033


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