Any help with a party wall issue?

tea_cake79

Hi,

I’m an active MSE user, can provide my account to confirm but I’ve had to use another account to hide my identity just incase.

I have to ask on here as I literally don’t know where else to turn to. My background is I have a lot going on (child SEN, pregnant, list goes on) and I just don’t have much time to research this.

Long story short. Neighbour is having an extension, and is building right along boundary…..planning has gone through.

We’ve just been given a letter from an Enginnering company?
Detailing some ‘arrangements’ asking us to sign if we are happy and work will start. 

Then it asks if we aren’t happy with it we should appoint a ‘party wall surveyor’ which they have put the details for.

And finally if we aren’t happy to appoint the above we have to find our own ‘party wall surveyor’.

Basically, I don’t want to get seen off.I just want everything to be fair and square. I have too much going on for hassle. 

Should we be appointing a party wall surveyor?

Any, absolutely any help would be amazing.

-taff

You don't need to but if you want to, they must pay for them, not you. Or you can use their party wall surveyor too. The good thing about them building on the boundary is that you get some free foundation if you want to build in the future, the thing to look out for is potential damage, building over the boundaryetc. Someone else will be along soon with better info, but don't worry about paying for one.

GDB2222

The choice you have is whether to have two surveyors or one? Your neighbours are footing the bill, so you may want to have two, ie one each. If you want to save your neighbours some money, choose a joint surveyor. 

I would definitely not pass up on the opportunity to have a p W surveyor, as it safeguards both parties.

rach_k

You could ask for a chat with the neighbour and/or the company doing the works so they can talk you through exactly what they're doing, how it is likely to affect you, what they'll be doing to protect your home if anything is needed and what they'll do if anything goes wrong.  If they're happy to do that and seem reasonable and helpful, you might feel okay just to agree.  It might help to have somebody with you at the time, to help with asking questions and remembering things later.  You can ask them about things like when they'll be working, whether they'll give you any notice of particularly loud bits, whether your garden will need protecting, if your garden will remain secure, to show you exactly where they're building so you can check it's on their land, to explain bits of the plans you don't understand etc.

Appointing a party wall surveyor won't prevent the neighbour doing the work but it could delay it and cost the neighbour money, which isn't always desirable or necessary.  Whether you appoint a party wall surveyor or not, they still have to put right any damage.

GDB2222

If you don’t appoint a pw surveyor, it’s difficult to prove whether any damage was there before the work started. The surveyor records the condition of your property beforehand, so it is clear whether damage has been caused by the neighbour's works.  As I said, it protects both parties. 

It is also the surveyor's job to specify the work methods to minimise damage.

tea_cake79

This is why I love MSE. 

Thankyou for your quick replies.
 

The neighbours aren’t the most approachable and have done as much as possible to keep aspects of everything hush hush. They have told us the minimum they have to, hence why I want everything done fairly and us not taken for fools.

I don’t mind them doing the work at all, I just want it fair for all.

so, another spanner in the works… the surveyor they have chosen is really really ‘new’ has no reviews, social media has no following? 

I mean the website looks professional enough but with no reviews etc just makes me question. Or am I over thinking. 

Emmia

If you're very worried about their experience you can appoint your own surveyor, the costs of which the neighbours have to pay... they won't like it though.

GDB2222

As EmmiA says, appoint your own pw surveyor. Someone with experience. You are not doing more than you are entitled to. 

Or suggest to the neighbours that they appoint a joint surveyor that you are happy with.

When this is all finished, the neighbours may not be entirely happy. But, it’s better than having damage to your house that is not fixed.

Rdwill

I'm pretty anti Party Wall Surveyors, expensive charlatans that just cause trouble and pain at best.

If I were your neighbours I think I would be schmoozing and showing plans etc, getting you on side, offering to pay for a 'conditions survey' so that you wouldn't have to go down the PWS route. (I did all this and my neighbour still insisted on two PWS at my cost - bit£h) 

It sounds like they haven't even attempted to do any of that, which is surprising.

I think you have four options open to you.

1. Just agree and let work go on
2. Appoint a surveyor to do a conditions survey, so if any damage to your property takes place you have a record. (This is the most neighbourly thing to do)
3. Appoint an agreed surveyor, (causes them some aggravation, but probably no more than they were expecting).
4. Insist on your own surveyor and then moan like bu88ery, running up the conditions and costs for your neighs, (that'll really p them off).

Up to you, you don't get any more cover between options 2 and 4, you just cause more agro.

And you could also argue that you don't get any less cover under option 1, as you are still covered under common law, they damage your stuff they pay for it, although it may be a bit more difficult for you to prove. 

Doozergirl

GDB2222 said:

The choice you have is whether to have two surveyors or one? Your neighbours are footing the bill, so you may want to have two, ie one each. If you want to save your neighbours some money, choose a joint surveyor. 

I would definitely not pass up on the opportunity to have a p W surveyor, as it safeguards both parties.

I never understand why two are needed.   They're not solicitors with each vying to win something or potential conflicts of interest, (after all, they both get paid by the same person!)  They only need to work to the party wall act.  It's structural engineers and builders that have to provide all the drawings and method statements etc. 

I think neighbourly relations are most important.  Agree on one surveyor.  Money saved on surveyors is money potentially spent on something tangible that provides a better outcome for both neighbours - fences, planting, finishes etc.  

Rdwill

Doozergirl said:

GDB2222 said:

The choice you have is whether to have two surveyors or one? Your neighbours are footing the bill, so you may want to have two, ie one each. If you want to save your neighbours some money, choose a joint surveyor. 

I would definitely not pass up on the opportunity to have a p W surveyor, as it safeguards both parties.

I never understand why two are needed.   They're not solicitors with each vying to win something or potential conflicts of interest, (after all, they both get paid by the same person!)  They only need to work to the party wall act.  It's structural engineers and builders that have to provide all the drawings and method statements etc. 

I think neighbourly relations are most important.  Money saved on surveyors is money potentially spent on something tangible that provides a better outcome for both neighbours - fences, planting, finishes etc.  

Totally agree, they work for the wall in a 'quasi judicial' role, the whole Party Wall thing is a complete racket supported by legislation. The legislation says that there can be two, and boy do they take advantage, especially at £150 per hour each. You could get two surgeons for that, but what you will probably get is a pair of illiterate bullies!!