Flying shores are horizontal beams which provide temporary support for two parallel walls. They do so by bracing each wall and in doing so prevent the two walls from collapsing.

They differ from raking or dead shores as they are not mounted on nor do they derive any support from the ground or any horizontal surface.

They are quite often used in urban developments where raking or dead shores cannot be used due to a lack of space for example, when a property in a terrace is being developed.

We have recently been involved in a couple of developments where flying shores were used and it was necessary to agree a support agreement for each to which the developer, its two neighbours and some tenants of the two neighbouring properties were parties.

This briefing note summarises some of the issues that we had to consider and which we addressed in the support agreements we negotiated.

Is the arrangement covered by a Party Wall Award?

No. The principal purpose of the support agreement is to provide support for the two neighbouring properties. A Party Wall Award does not do that.

Does the Party Wall Award have any effect on the negotiations of the support agreement?

It can do.

If you think that flying shores will be required it can assist if the party wall surveyors, agreeing the party wall awards for the two flank walls, liaise.

Most, if not all, of the technical requirements that are agreed in each party wall, for instance, the maximum permitted movement of the wall, can be used in the support agreement as these requirements and criteria should be the same.

Developer default

The position is not straightforward.

If the developer is in default of its obligations under the support agreement the flying shores cannot necessarily be taken down with immediate effect, or following any prescribed notice period. They can only be taken down when the two walls are sufficiently supported.

This is a very significant issue to consider and the support agreement needs to address this and the consequences of any such default.

Insurance

The support agreement should require the developer or its contractor to ensure that the appropriate insurances are in place and require that they are maintained until the flying shores are taken down.

For further information please contact:
Henry Bowman, Partner
Direct dial: 020 7591 3309
[email protected]

November 2011