Party Wall Act 1996

luke123456

Hi

I wonder if I can get some advice please.

I have just received 2 letters from 2 different building surveyors. In one of the letters they state that our neighbour has applied for planning permission for a loft conversion and the other letter just states that they have applied for planning permission to alter their property. As far as I am aware I received a letter from the council last week, stating that they want our opinion on a ground floor rear extension and habitable space being made....I assume it is to do with this and not just a loft conversion...

In the letters the surveyors advise me to instruct them to come and survey my property for free (paid for by my neighbour) and then they can keep an eye on my property before during and after the work incase the neighbours damage our house...

Is this something I am advised to do?

I appreciate your help and advice..

Thanks

southcoastrgi

yes get them to inspect your property, this could save you alot of trouble in the future if the building work causes any damage or cracks in the walls or plaster, if you don't have it inspected before you will have alot of trouble proving it wasn't already damaged if anything happens

jellie

luke123456 wrote: »

Hi

I wonder if I can get some advice please.

I have just received 2 letters from 2 different building surveyors. In one of the letters they state that our neighbour has applied for planning permission for a loft conversion and the other letter just states that they have applied for planning permission to alter their property. As far as I am aware I received a letter from the council last week, stating that they want our opinion on a ground floor rear extension and habitable space being made....I assume it is to do with this and not just a loft conversion...

In the letters the surveyors advise me to instruct them to come and survey my property for free (paid for by my neighbour) and then they can keep an eye on my property before during and after the work incase the neighbours damage our house...

Is this something I am advised to do?

I appreciate your help and advice..

Thanks

These surveyors trawl through councils' websites for PP applications, and they will cost your neighbour plenty in fees. Would you trust/use any other company which has cold called you?

If I were you, I would read up on the Party Wall Act - useful information in the link below. Do your research first and discuss the proposed work with your neighbour.

If you then want to appoint a surveyor, find one who is local to you, has the appropriate qualifications and experience, and who you are comfortable with.

https://www.gov.uk/party-wall-etc-act-1996-guidance

teneighty

By all means speak to a local reputable surveyor who carry out party wall work to get some advice.

However I would strongly recommend you do not use the firms that tout for work by sending out thousands of letters based on planning lists, did one have the initials VB? They are generally incompetent and certainly only interested in screwing as much money out of your neighbour as possible. Although they claim that it is free to you, if they make a mistake on the paperwork or misrepresent the application of the act you can ultimately be responsible for their fees.

There are numerous previous posts on here which highlight the perils of using these dubious firms and also neighbours who have suffered damage and undue disturbance when works have been carried out without the proper protection of the Act.

luke123456

Thanks for the advice guys

They seem very 'professional' looking. With information leaflets saying they are approved by RICS, one company is has the initials MA and are just party wall surveyors approved by RICS and another one P&P surveyors.

It is a shame really that we have just bought the place, done some extensive work costing us thousands and thousands of pounds and plastered every room, wall and ceiling and now there is a risk of the neighbours; work damaging this.

I also don't want to fall out with the neighbours (although I have the feeling they will rent out and not eventually live there) but I don't want to accept them brining a dodgy builder to do the work and then I suffer...

Both these firms who contacted me are local, do I still look elsewhere...
Thanks

cyclonebri1

luke123456 wrote: »

Hi



In the letters the surveyors advise me to instruct them to come and survey my property for free (paid for by my neighbour) and then they can keep an eye on my property before during and after the work incase the neighbours damage our house...

Is this something I am advised to do?

I appreciate your help and advice..

Thanks

I think you will find the initial inspection is free as you have stated as they are being instructed(and paid for by your neighbour), but get a written report off them at that stage as nothing else will be free and if there is damage you will need to engage them at your cost if you wish to go that way.

You will find if you study the party wall act that neither party has to involve a surveyor, you can sign a simple document to cover the work being done, no cost.

It doesn't sign away your rights if something goes wrong.
But, in this case provided a report is forthcoming at an agreed zero cost to you, I'd go for it.

You really do need to see the plans of what's proposed, and to be honest a decent neighbour would have talked to you 1st, especially as there is to be a wall up to your boundary and also the dividing wall in the loft from what I can read into your post.

mart.vader

I echo teneighty's views.

Furthermore, I think you'll find that, once you ask for a report from the PWS, they will claim that they've been instructed by you to act in the "dispute", that you and your neighbour didn't know existed.

teneighty

Take a look at this link and search for a local surveyor using the official RICS site at the end of the guide. There is even a phone number where you can get 30 minutes free advice.

http://www.rics.org/Global/Downloads/PartyWalls.pdf

I would be interested if you could send me a private message with the names of firms as I'm surprised that a legitimate firm is resorting to this shabby marketing technique. I am also surprised they are using the term "approved by the RICS" as this is incorrect terminology and a legitimate firm should know that it is "regulated by the RICS".

luke123456

Thanks for your help guys!

To be honest, I felt the very same about what cyclone mentioned...Having just moved to the house I would have expected the neighbour to have talked to us, but they don't seem that friendly. Will have to go and have a chat at some point before I do anything but I will look at the RICS site and then get some free advice. I really appreciate that advice.

Will contact them after the bank holiday and get back to you guys soon. Many thanks

luke123456

Hi Guys

So it has been some time. I spoke to one of the firms that sent the ad's in the post and was actually very polite and helpful,no pressure at all to buy or go ahead and instruct them actually advised me on making some objections to the neighbours proposed plans and told me to call council to enquire about permitted development and what they can and can't do.

The dilemma is....The neighbour is very difficult and doesn't communicate with us at all... so just think I should do this by the books and should instruct a Party wall surveyor. I can't remember which firm it was I spoke to as several sent leaflets in the post.

Any final advice guys before I instruct someone.

many thanks

keystone

If the firm you are talking to is Vincent Brown then thats a 100% surefire way to really upset your neighbour. Once a PWS is appointed they cannot be unappointed. You need to answer the following first:

Has your neighbour actually started work?

Does the work involve a party wall? If it does then they should have served you with a Party Structure Notice not less than one month before work commences.

If not does the work involve digging footings within three meters of a structure that you own and with the bottom of those footings deeper than those on your structure? (Theres a 45 degree rule and a six metre distance criteria as well but I can't remember execatly at the moment and very unlikely in a domestic situation). If so then they should have served you with a Notice Of Excavation on the same basis.

What is the situation?

Cheers