Considers the meaning of “structure” within the Party Wall etc. Act 1996. Notes that a literal meaning might include all man‐made objects in the built environment. Argues, however, that such an interpretation might be subject to a qualifying limitation on the basis of the golden rule of statutory interpretation and the presumption against depriving an individual of his rights. Suggests, on this basis, that only significant objects which are sufficiently proximate to the building operations to involve some real invasion of an adjoining owner’s rights should be included within the definition. Notes that this leaves considerable scope for discretion to be exercised by surveyors.
Structural Survey – Emerald Publishing
Published: Dec 1, 2000
Keywords: Party walls; Buildings; Statutes; Rules
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