Party Wall Surveyors neglecting client

Gillie19

I appointed a party wall surveyor to protect my property from the loft extension my neighbours were having installed. I was informed that all costs incurred would be the responsibility of the property owners of the build, my neighbours. My neighbours started the work before informing me or even appointing a party wall surveyor themselves. By time the surveyor was appointed and made his initial inspection damage had already occurred. When I asked the surveyor what would happen he told me another inspection would need to take place once the build had settled and it would be determined whether damages had occurred and if so this would be rectified at the cost of my neighbours. Time passed and I heard nothing from them again, when I approached them they now expect me to pay for this final inspection as my neighbours have refused to foot the bill. Can anyone shed any light?

anselld

Was a party wall agreement actually served and responded to?
Appointment of surveyors at the neighbours cost only happens if there is a party wall agreement in place. If none was served you should have applied for an injunction to halt the build.
After the event you will need to fund yourself and then take the neighbour to Court for costs and damages.
What is the extent of the damage?

stevenway

Steve the party wall surveyor here. If there was an agreement known as a Party Wall Award this would set out how the costs were to be dealt with and how any damage would be dealt with. If it makes your neighbours liable for your costs then you can enforce that Award.

BUT the Award deals with your costs and doesn't create a contractual undertaking between your surveyor and next door. The contract is between you and your surveyor and you are most likely liable for the costs which are then recovered from your neighbour. Having said that in most cases the practical approach is that we render our account directly to the neighbour for settlement.

The Award will set out how any damage is to be dealt with and remedied, if there is no Award as anselld says its necessary to take legal action to deal with the damage.

G_M

Glad to see the mods are responding rapidly and appropriately.

Gillie19

Thank you so much for your response I really appreciate it. My delay in replying is due to the party wall surveyor being deliberately evasive to every question and every email I send. It has been stressful and have needed to take a few days breather.

There is a party wall agreement in place and was awarded by the surveyor.

The damage appears in the forms of cracks and they affected some of the fascia and guttering which now are not being supported correctly.

It wasnt made clear to me at any point that this build could lead to me having to put my hand in my pocket, even if to be reimbursed at a later stage. The surveyor allowed me to enter into this without fully informing me, presuming I'd have funds to cover the cost in this eventuality. This doesn't seem fair or right.

Again thanks for your help!

Gillie19

Good morning Steve, thank you so much for your reply, it's very much appreciated.

I feel I've been hoodwinked. I have the party award and I fear it is the section that states 'reasonable fees should be payable in accordance with section 10(13) of the act' which presents this hurdle for me. I appointed a surveyor to help with the legal side of things and make me aware of what I'm entering into, to work on my behalf and my best interest and ultimately to protect my property. I was not supplied details of what this election of the act pertains to. The wording of the award is presented as unclear to a layman. I believe I was provided information, giving a false representation of there being no fees, to gain business through me via deception. The surveyor has been paid by my neighbour and ot would seem has no interest in the state my property has been left in. At the point of the initial inspection damage had already occurred as my neighbour started work without serving any notice to me and so the surveyor was appointed weeks into the build. I was concerned and the surveyor merely told me another inspection would need to be taken after the building works had settled to ascertain the damage, once this occurs it can be determined if repairs need to be done and this would all be at the cost of my neighbour. How can it be so that I am forced to pay for something to protect my property due to works done by someone else to their property?

I'm finding this whole situation quite stressful and concerned I wont be able to pay for the inspection leaving my home in a damaged state at the cost of my neighbour improving theirs.

Ed_Prentice

If the party notice was served correctly, disputes over damage will be managed by surveyors. If the neighbour failed to correctly serve a notice, then damage can be compensated therough a court.