Cases - Brace v South East Regional Housing Association Ltd

Record details

Name

Brace v South East Regional Housing Association Ltd

Date

[1984]

Citation

1 EGLR 144

Legislation

London Building Act (Amendment) Act 1939

Keywords

Party walls

Summary

The plaintiff and the first defendant, the Association, owned 2 terraced houses. The Association wished to demolish its house but not to rebuild it. Although the 1939 Act did not apply to the properties, the parties appointed surveyors and signed a party structure agreement. The agreement contained a schedule of permitted works. However, the demolition of the defendant's house caused the soil to dry out, as it was now open to the elements. The soil, which was clay, shrunk and caused subsidence damage to the plaintiff's house. The plaintiff claimed damages for negligence and the wrongful removal of support against both the Association and its surveyor. The defendants were not found negligent, but the judge held both defendants liable for wrongful removal of support. (The Court of Appeal dismissed the Association's appeal, but did not decide the appeal by the surveyor.)

Brace was not a case in which the surveyors were acting under one of the Building Acts. Where surveyors do not produce an award under the 1996 Act, there will be no question of immunity. The case does not therefore resolve the question of whether surveyors acting under the 1996 Act have immunity (as to which, see above). It does, however, illustrate a situation of potential liability for surveyors.