Party Wall [TEXT DELETED BY FORUM TEAM]

Bextaramas

Thank you Keystone for the helpful reply...

Just wanted to update this thread on my case as I think it would be useful for others.

We are doing an extension that will have party wall repercussions (I believe). My neighbour unwittingly signed up to VB as he has no experience of building works. I received a letter [TEXT DELETED BY FORUM TEAM] but haven't done so.

I have just spoken to a RICS member PW surveyor who has put my mind at rest. When I serve notice to the neighbour, I send an explanatory letter saying that the neighbour has four options:
(a) Consent to the works
(b) Consent to the works with a schedule of condition (which we record between us)
(c) Consent to the works and agree to use my PW surveyor (who will do a scheule of condition)
(d) Dissent to the works and appoint their own surveyor (who in this case would be VB as they have already signed with them)

If I serve notices and get the neighbour's consent to the works in one go, we can then write to VB telling them that we don't need their services as the neighbour has already agreed to the work (i.e. is not taking option d, not dissenting). The PW surveyor I spoke to was happy that this was entirely within the legal framework of the PW Act.

The surveyor said that there are pro-forma letters on the communities dot gov dot uk website that I can use to serve notices. I can't post the link as I am a new forum user, but it is in Publications, Planning and Building, Party Wall.

I hope that this helps someone else in the same difficult position as me...

Timthelawyer

Some years ago I dealt with a similar style of problem.

We lodged an application with the county court first to either appeal the party wall award or have it declared a nullity, on the grounds that there was no actual dispute and no ground to make any award, or that the "joint party wall surveyor" had never been validly appointed.

Secondly we applied to have the surveyor joined as an extra party in the proceedings, so that he could be ordered to pay the costs.

The surveyor did not contest the appeal and paid our costs in full, so there was no hearing. The award was set aside and the surveyor got nothing

Pitfall: 1. The time to lodge the appeal is 14 days including the day on which the award is posted. If the award is posted on the 10th, the time limit is close of court business on the 23rd.
2. Make sure the court understands that the proceedings are to be served on the surveyor as well as the neighbour.
3. This is a technical and intensive application to make in the time available, i.e. potentially expensive. It must be carefully and accurately set out. You need individual advice on the facts of your own case, do not rush in merely on the basis of this note.

Tim

daveyj

Thank you for this information. Just to clarify.....send VB a letter stating the building work is not proceeding, then ask your neighbour (who is consenting) to sign the drawings - stating that they agree the drawings - and send this to VB as well?? Once this is done can building work commence?

Thank you

ASF1000 wrote: »

IMPORTANT.
VINCENT BROWN SEARCH PLANNING APPLICATION LISTS FOR HOUSEHOLDERS LIKELY TO NEED THEIR SERVICES. DO NOT RESPOND TO THEM.
They are not part of the RICS so the RICS cannot help. Anyone can be a Party Wall Surveyor and VB make use of this to trap householders in a fee stucture outside of the control of the people who instructed them to start with. Its not the fault of the Party Wall Act either.
If they have managed to 'become' appointed by mistake, they can only be paid if they have done something and they can only do something if the work proceeds, so if it is put on hold they cant claim anything, and if you get on with your neighbour get a quick signed letter between you that the work is OK and send it to VB telling them that you dont need them- that letter of signed drawing etc satisfies the Party Wall Act . QED.
Signed
A Surveyor

Conned_by_vincent

Hi, i am writing to let people know i have been conned into signing documents. They are persuing me through court. I have contacted watchdog about the way they conduct themselves. I would like everyone who has been affected by this company to complain to watchdog and local newspapers, as the larger numbers we have we can potentially stop them trading and conning other innocent people.

If we make enough noise about it we can generate enough bad press about this company and stop them from conning other people.

Andehh

Vincent Brown & Associates are nothing but con artists and fraudsters. They send out these letters and are just fishing for business in the worst possible wa!

Conned_by_vincent wrote: »

Hi, i am writing to let people know i have been conned into signing documents. They are persuing me through court. I have contacted watchdog about the way they conduct themselves. I would like everyone who has been affected by this company to complain to watchdog and local newspapers, as the larger numbers we have we can potentially stop them trading and conning other innocent people.

If we make enough noise about it we can generate enough bad press about this company and stop them from conning other people.

cddc

Why are MSE so afraid of VBA?

More to the point, why are Party Wall Surveyors not regulated?

Why are their fees not capped?

Why can they charge more per hour than structural engineers and architects when they need no qualifications or skills officially?

Thinking about it, why don't I just call myself one, then I can just go round making myself a pile of money by talking out of my own behind and writing threatening, factually incorrect letters, patronising people, and be able to get away with it by hiding behind a well intentioned but poorly worded piece of legislation which in the end benefits no one but party wall surveyors?

I guess I am the stupid one here..:mad:

duggzdebuggz

Just to let you all know that this company are still at it! I received a letter from them saying that they had been appointed by our next door neighbours and wanted £3000 of me for representation under the Party Wall Act, for both them and us, but offering a discount for payment within 7 days. Checked it out, checked them out, checked out the Party Wall Act, checked out with neighbours next door; doesn't cover my situation, no work being done within 3 metres of next door. they were approached by the company. Spoke to them, agreed that we weren't within the provisions of the Act, Wrote them an email, asking for an apology, with a copy to my M.P. and why they thought that their time was more valuable than mine.

It is a scam. I am surprised that they haven't been exposed by the government, local traders or Rogue Traders or Watchdog, or even the industry professional body..must be very lucrative, proper professionals etc...:p
ATB
Duggzdebugg

Martin666 wrote: »

Hi

I’m in the process of building an extension and I received a notice from a party wall firm assigned by my neighbour demanding exorbitant fees for preparing an award.

My neighbour received an unsolicited letter from this firm of surveyors who trawl the councils sending letters to neighbours of people looking to extend.

This firm is 60 miles away from my development and are demanding £550 + vat + expenses per visit and it’ll require 2 visits (so they say). My local surveyor has quoted £500 all in!

The latest letter from them states that section 10(2) of the act says they cannot be dismissed and if I do not agree to this within 10 days, the fees will go up. It also states that if I appoint my own surveyor, their fees will also go up.

[TEXT DELETED BY FORUM TEAM]

My neighbour was horrified to hear this and told she’d be happy to dismiss them, but I can’t seem to find anything to contradict when they’re telling me see “section 10(2)” above.

[TEXT DELETED BY FORUM TEAM]

Thanks

Andehh

cddc wrote: »

Why are MSE so afraid of VBA?

More to the point, why are Party Wall Surveyors not regulated?

Why are their fees not capped?

Why can they charge more per hour than structural engineers and architects when they need no qualifications or skills officially?

Thinking about it, why don't I just call myself one, then I can just go round making myself a pile of money by talking out of my own behind and writing threatening, factually incorrect letters, patronising people, and be able to get away with it by hiding behind a well intentioned but poorly worded piece of legislation which in the end benefits no one but party wall surveyors?

I guess I am the stupid one here..:mad:

In case Vincent Brown & Associates start sending copy & paste, templated letters to MSE's neighbour telling them MSE will pick up all the bills for a potential planning application that may/may not effect MSE/neighbour, but cajoling the neighbour to do it 'just in case' and comforting them because MSE will be forced to pay ALL extortionate legal & expense bills so there is no risk/nothing to loose for neighbour. Thus leaving MSE stuck in an expensive, legally ambiguous area with a company out to con money anyway they can?

Either way, MSE provides a fantastic service to the public, censoring these posts about Vincent Brown & Associates does the opposite!

teneighty

Money_London wrote: »

VBA serve as qualified party wall surveyors

Out of curiosity what "qualification" would that be?

teneighty

So no professional qualifications?


Hardly surprising that you receive all the complaints on this and numerous other forums.


Why don't you answer some of the direct criticisms detailed in previous posts? Like extortionate fees; failing to complete notices correctly; incorrectly claiming works fall within Party Wall Act; misleading adjoining owners etc. etc.