URGENT - Help about neighbour doing an extension and the survey

ftsos

I URGENTLY need some advice on this. Sorry, its a bit long. I hope it's in the right place. Thank you.

I have a neighbour who is doing an extension to his house. They contacted me to sign an agreement wanting me to approve it. They contacted me at a time when I was dealing with some very serious family issues (which are still going on). My daughter is under the NHS (CAMHS) mental health team and was even hospitalised for a while during this time, with suicidal tendencies. So, I was dealing with a lot, and I was burying my head in the sand. It's turned our lives upside down as someone needs to be around if she is home, and it tends to be me.

Anyway, I said to my neighbour to send me the paperwork and that I would "probably" agree to it. I never signed anything. However, the neighbour started putting pressure, calling, to the point where I had to say to him at least 4 times, I am at work, and I can't speak right now, and then I even had to put the phone down on him as he would not end the call. I felt pressured and a bit harassed. 

After that call, I sent an email saying that they should not be behaving like this. I also told them that I needed a survey done, and he needed to accept the charges. I asked him to send me an email or a letter (in reply) stating that he would accept the charges. The neighbour never replied directly to that email. Instead, they did something sneaky and most likely legal.

Fast forward many months, and I don't hear from them. At that time, I tell the neighbour a few more times to send me an email or letter accepting the charges. All of a sudden I got a letter recently, a letter saying since I have not responded within the set time, someone has been assigned. So, the neighbour got his representative to email me to say they are accepting the charges. I never got any of these emails because unless it's a company email or someone who has corresponded with me before, it often gets blocked. It also didn't come from a normal company email. It came from a general Gmail/yahoo type address, so it got blocked. I only found it after I started digging around following this letter. 

Now, the neighbour's surveyor has probably chosen someone who he knows. I don't get to choose my own surveyor since "I never got the emails and got the opportunity to select my own". It's happening this Tuesday. 

Does this person who they have selected need to represent my interests? Do they need to be a qualified surveyor? Do they need to state they are representing or protecting my interests? Because I asked them multiple questions, including if they are a qualified surveyor, and they have not answered these questions even though they have replied to my emails and are receiving my emails. 

This neighbour is also having issues with the other neighbour on the other side. I have talked to the other neighbour, and I want the same agreement they have. The neighbour that's doing the extension is in the middle of our two properties. You should also know the management group that manages the property are also angry at them and have served them notice to stop building work. So, in case you are wondering, it isn't just me, multiple neighbours and the property management company. I have checked.

However, I am most angry at myself for not being on top. I am normally very good with things like this. However, I am not knowledgeable in this area and panicking, so any advice or guidance would be appreciated.

I need to know does the person who is doing the inspection which has been appointed:

1) Do they need to be a qualified surveyor?

2) Do they need to serve my interests?

Thank you.

user1977

Is this something to do with a party wall agreement? (you haven't mentioned that anywhere)

Or is something else going on?

ftsos

user1977 said:

Is this something to do with a party wall agreement? (you haven't mentioned that anywhere)

Or is something else going on?

Yes it is. Sorry, I didn't realise.

HampshireH

If you asked the neighbour to email you and have since located the emails albeit not in your inbox then are they really at fault there?

Neighbourly thing to do would have been to knock the door to check it was received BUT if the last correspondence was deemed harassment and the phone hung up then they risked the same by knocking to draw your attention to an email.

Is this a mid terrace property being extended? What are they actually having done?

ftsos

HampshireH said:

If you asked the neighbour to email you and have since located the emails albeit not in your inbox then are they really at fault there?

Neighbourly thing to do would have been to knock the door to check it was received BUT if the last correspondence was deemed harassment and the phone hung up then they risked the same by knocking to draw your attention to an email.

Is this a mid terrace property being extended? What are they actually having done?

Hi, it is a terraced house. My house is the end property. They are in the middle. They are extending their house in the garden to make it bigger. Because of my family issues, I rented the house and lived nearby. I don't want to get into it, but my daughter's situation has put a lot of strain, including on our marriage.

So, I said to them even yesterday I have nothing against their extension. I need a survey done by someone who I know will be protecting my interest. I even said I'd have the survey done in a way that doesn't delay any work. However, they are not willing to listen. If they had simply sent me two lines in reply to my email saying that he accepts the charges for a survey to be done, it could have been done very simply. I would have received their email as they are on the approved list. I even said I might soon want to do an extension, so why would I object if they follow the rules?

So, I still want to know the answers to these 2 questions. Do you know? Or does anyone on here know?

The person they appointed who is coming to inspect the condition of my property:

1) Do they need to be a qualified surveyor?

2) Do they need to serve my interests?

HampshireH

A surveyor should act impartially (rather than serve anybodies interests) but you have the right to instruct your own if you are not in agreement.

Your neighbour would be liable for both sets of fees.

This page is quite useful

https://blakeneyleigh.co.uk/what-is-the-role-of-a-party-wall-surveyor/

macman

Your post is extremely confusing. You say that building work has already commenced , but another neighbour has served an injunction on them to cease work?
If the PW surveyor has not yet done the survey, then why has work commenced? They are required to give 2 months notice after issue of the PWN.
Yes, they will be a qualified surveyor, but are required to act impartially. Had you responded to the Notice, you could have appointed your own separate PWS, at their expense.

propertyrental

You really need to read upon the PWA process ,and follow it.

https://www.gov.uk/party-walls-building-works

thegreenone

So do you live in the house now or have tenants?

ftsos

Hi @macman I am sorry if it is confusing. It is not intentional. I wrote it in a rush, and when there so many things to say, it is not always simple. @thegreenone I have tenants in there.

So, to clarify, he partly started the foundation because he is a builder. He will do his own work. Once he did the foundation, the management company sent him a letter from their legal department. This has nothing to do with me. This is what I know. Once they received that letter they said they have stopped all work. I spoke to the neighbour who is on the other side, and I will say I want the same agreement as what they have agreed with them in terms of the party wall.

I suppose if you want to help me, I just need to know the surveyor needs to be qualified and to act either in my self-interest or impartially since I no longer have an opportunity to select a surveyor. I am angry at myself for not noticing this. But what's done is done and I have to now deal with the consequences. However, I have sent the so-called "surveyor" who is supposed to be the one they have selected for me an email saying is he a qualified surveyor, if so to give me his details. So far, he has not answered these questions. Based on what I have seen, unless he shows me some credentials, he could be anyone. 

Lastly, does the surveyor need to be RICS registered? Because I could not find him on their site.

Thank you for the links. I will read it all tonight.

ThisIsWeird

Ftsos. First thing - do you have Legal Protection on your house insurance?

Their chosen Party Wall Surveyor, I will suggest, does need to be both qualified and a member of a regulating body (I'll say this is 'almost certain', but I don't know for sure). Could you let us know who they are, please, so hopefully we can confirm?

It does appear that - on this 'choosing the PWAS' issue - your neighbour had not been remiss. They gave you the option of choosing your own surveyor - that they would have had to pay for - but through no fault of theirs, you didn't get this message. So they did the 'right thing' and chose one instead.

This surveyor, tho', should be impartial, and also be doing the 'right thing', ensuring that the build goes ahead in the correct way, and that it doesn't affect the neighbouring properties any more than it needs to. So, once you can confirm that this surveyor is 'legit', then you should be ok.

(As for the 'Legal Protection' bit, if you do have this, then you can call them up for proper legal advice and guidance. And, should anything go pear-shaped, they should help to sort it out.)