Don't you need a party wall solicitor/surveyor? In England if the you need to get work done like this, the people doing the work have to pay for your surveyor, and they are the ones that do the checking at the other people's cost.
On 26 November 2012 14:08, Simon Haywood <[email protected]> wrote: > Thanks Francis, > > On 26 Nov 2012, at 11:56, Francis Davey wrote: > > > They appear to be relying on section 25: > > http://www.legislation.gov.uk/asp/2002/13/section/25 > > > That tells me: > > "(a) may be reasonably obtainable even if payment is required for access > to it;" > > That tells me that their argument that I can pay £50 to view (though not > copy or take away), therefore FOI does not apply, is probably valid. > > > But they are also saying something about copyright. As Colm says that may > be a confusion of theirs. > > > [...] section 47 of the Copyright, Designs and Patents Act 1988. Have a > read of it: > > http://www.legislation.gov.uk/ukpga/1988/48/section/47 > > What this means in practice is *if* the building warrant is open to public > inspection - which does appear to be their position - then they could give > you permission to take copies, but they don't have to if they don't want > to. If they are merely nervous - rather than being deliberately awkward - > then this point might carry some weight. > > Yes. That's interesting. I find it odd that they release *planning* > documents online as a matter of course, but not *building regulations* > documents. Perhaps Structural Engineers are more concerned about their IP > than Architects...!? > > My next most sensible step I think will be to contact the owner of the > copyright (whom I presume to be the Structural Engineer). I have no reason > to doubt that the design is good, just the implementation - so they may be > happy to release. > > Talk to me privately about it if you like - though my time tends to be a > bit limited. > > Thank you for the offer, I appreciate that. > > > > Simon > > > > _______________________________________________ > developers-public mailing list > [email protected] > https://secure.mysociety.org/admin/lists/mailman/listinfo/developers-public > > Unsubscribe: > https://secure.mysociety.org/admin/lists/mailman/options/developers-public/nickle%40gmail.com > -- Nick
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