Party Wall Act Reasons For Dissent

griff450

Hi all

Have appointed a loft conversion company to undertake a L Shaped dormer conversion on my 2 bed mid terraced house next year, which falls under permitted development. as part of this we have served party wall notices to both neighbours, one is absolutely fine with it as long as schedule of condition is done.

The other set of of neighbours have made it clear from day one they don't want it done, reasons being A) loss of light (citing right of light laws) the effect on their house price !

They have refused to discuss it and have now dissented and appointed a surveyor.

As they won't make their reasons for dissent clear (the reasons given are not valid reasons in relation to a party wall) then how exactly are we supposed to resolve their issues.

From what I understand the next step is now for the surveyors to draw up an award, and from my research I can't see any reason that could prevent us from undertaking the work.

Excuse my skepticism but it just appears to be a huge racket for party wall surveyors that is going to end up costing us thousands, I wouldn't be surprised if the neighbours are just doing it out of spite, 

Are there any reasons that a party wall award could not be given in our favour ?

Doozergirl

They can't dissent for the reason of not wanting it.  That isn't what it's for.  The agreement will be forthcoming because it is your lawful right to build off the party wall (provided it is compliant with planning legislation). 

Use their surveyor as a joint surveyor for you both to save money.  

I do think the two surveyor thing is utterly ridiculous in a minor project like a domestic one. 

griff450

The problem is they won't speak to us and have gone proper AWOL, they won't use our surveyor either.

In regards to reason for dissent, I might be wrong but you don't have to legally provide them which I think is utterly wrong because it enables situations like this where a neighbour just acts out of pure spite !

Its def compliant with planning so im glad the award will be forthcoming but the whole thing appears to be designed to make surveyors money when really they don't even need to be involved !

FaceHead

Ask them who their surveyor is, use them as the joint surveyor. 

They can refuse this, but they will then end up paying for that surveyor, and a third one if required. If you're prepared to go with their surveyor, they can't reasonably refuse that. 

They don't need to provide any reason for dissent. Just that they want a surveyor to draw up an award. 

I agree that the act is a complete joke, which spends a many thousands of pounds on surveyors, for potentially minor work (imagine if both sides were this difficult)

Another option would be to give them a grand in a brown envelope, which might make them decide not to be spiteful and waste thousands of your money for no reason. 

Write to your MP when you get a chance as the act is terrible.

TELLIT01

From the comments of the OP, it might be difficult to get the name of the neighbour's surveyor as they refuse to communicate and have now apparently disappeared altogether.

Rdwill

The problem is that with Permitted Development your neighbours see this as their way to object, or maybe they're just spiteful like the b1tch I have living next door to me.

Anyway, now that they have dissented you have to enter the over-charging, bullying, charlatan riddled world that is the Party Wall act. Prepare to come up against a couple (and I include yours) of illiterate little Hitlers, who will charge you between £150 and £200 for the pleasure.

In my home owning and moving life I have paid plenty of useful people, (electricians, plasterers, builders etc), some wasters and hangers on (solicitors, estate agents etc) and some which absolutely just take the p1ss of which party wall surveyors firmly fall into this bracket.

I don't envy you, and if at all possible, (I will move first) I will never deal with them again, nor would I inflict them on my neighbours (unless I really hated them).

Good luck! 

mug2007

See if you can appoint their chosen surveyor as the agreed surveyor

The party wall act needs reforming as you can currently end up paying for two surveyors to form an agreement (dissent and choosing a different surveyor), with the adjoining owners not providing any justification for dissent and the two surveyors not justifying what the double cost/contribution provided to the agreement.  It can be daylight robbery to the tune of a few thousand £s for considerate building owners who send out the notice.

Despite a court case and guidance recommending the one surveyor route it is not yet enforced.

In the county court in central London (Amir-Siddique v Kowaliw May 2018) a judge stated that it was unreasonable for the adjoining owner to insist on the two-surveyor route as the building owner wished to minimise costs.

Then the guidance provided:

government explanatory booklet

• Paragraph 36 says the appointment of an agreed surveyor is preferable for residential circumstances should you not agree or want some assurance the correct procedures are followed.

RICs released a new party walls consumer guide June 2020 which states

•  "selecting the same surveyor as your neighbour is often considered a neighbourly thing to do"  (Page 5) given a surveyor appointed under the  Act is under a duty to act impartially.

It is worth writing to your MP to highlight the need for reform.

griff450

Yes they are just doing it out of spite because they don't want it to affect their house price supposedly. I feel if you had to give a justified reason for dissent then things would be a lot different.

They have chosen a surveyor far outside the local area, im sure to make it as expensive as possible for us, and now refuse to communicate, locking their backdoor whenever they see us, the pair of them are totally weird to be honest