Philbeach Gardens, Kensington and Chelsea, SW5
The Instruction
Our client was undertaking a substantial refurbishment of a residential flat in Philbeach Gardens, Kensington and Chelsea.
Stokemont were instructed to provide advice in relation to both the Party Wall etc. Act 1996 and the landlord’s Licence for Alterations requirements.
The proposed works involved a full refurbishment of the flat together with structural alterations, requiring the relevant statutory and leasehold considerations to be addressed before the works commenced.
The Property
The property formed part of an established residential building in Kensington and Chelsea.
As a conversion flat within a larger building, the proposed refurbishment needed to be considered in the context of the existing structure, adjoining properties and the building’s leasehold arrangements.
Key Considerations
Party Wall Matters
The nature of the proposed structural works required consideration of the Party Wall etc. Act 1996. We advised on the relevant Party Wall procedure and assisted with the preparation and service of the necessary notices.
Structural Alterations
The refurbishment involved various structural alterations to the existing flat. These works required appropriate consideration of their potential impact on adjoining properties and retained elements of the building.
Licence for Alterations
In addition to the Party Wall process, the proposed works required landlord approval under the terms of the lease. We therefore assisted with the Licence for Alterations process alongside the Party Wall matters.
Coordinating the Requirements
The statutory Party Wall process and the contractual Licence for Alterations process are separate matters, each with different requirements.
Our role included helping the client understand and coordinate these requirements so that the proposed refurbishment could progress on an appropriate basis.
Our Advice
We advised the client on the Party Wall requirements arising from the proposed works and assisted with the preparation and service of the relevant notices.
We subsequently assisted with the Party Wall process through to the agreement of the Party Wall Award.
Separately, we provided surveying input in relation to the Licence for Alterations, helping address the landlord’s requirements for approval of the proposed refurbishment and structural alterations.
This coordinated approach helped the client address both the statutory and leasehold aspects of the proposed works.
The Outcome
Stokemont successfully assisted the client with the Party Wall process and Licence for Alterations for the proposed refurbishment.
The instruction demonstrated the importance of identifying the different approvals that can apply to works within a leasehold property. Obtaining a landlord’s Licence for Alterations does not replace the need to comply with the Party Wall etc. Act 1996 where the proposed works fall within its scope.
By addressing both aspects of the project at an early stage, we helped provide the client with a clearer framework within which the refurbishment and structural works could proceed.
Stokemont provides Party Wall surveying and Licence for Alterations services for leaseholders and landlords undertaking refurbishment, structural alterations and other building works throughout London and the surrounding areas.
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