URGENT - Help about neighbour doing an extension and the survey

Doozergirl

Party Wall Surveyors are not like solicitors where there is a potential
conflict of interest and each party's sides need to be represented.  

The Party Wall Surveyor simply checks that the rules of the Party Wall Act are adhered to.     They act in no one's interest. 

Sometimes people in your position get a bit shirty about boundaries being crossed, but the best result for everyone in the long run is to build a true party that straddles the boundary.  This means that should any owner of your house want to extend in future, they have a really made wall and the largest width of extension possible.   Otherwise they end up with a much smaller extension whilst trying the keep the subsequent extension safely detached - utterly pointless in a terrace house.   

macman

Who is the 'management group' that you refer to? Do you mean the letting agent that you are using? Or someone who manages the freehold of one of the properties? I was under the impression that this is a terrace of freehold properties?

youth_leader

My neighbour still hasn't invited me in to see his extension plans, and I do suspect he mentioned it because it will involve the party wall.  This bungalow was extended when I bought it - and is on the shared boundary, I think, as the fence is attached to the inside corner of it.

I'm very lucky that he is using 'my' surveyor who so very kindly helped me for free during my flat roof catastrophe. 

prettyandfluffy

Deal with the facts.  Does your neighbour have planning permission? An online search of the planning section of your local planning authority (LPA) website will show you, it will also have plans etc.  If he has applied for planning permission you should have been contacted by the LPA and invited to comment.  If he hasn't got planning permission, put a call in to the planning department and ask to speak to the duty planning officer.  Keep records and confirm everything in writing/by email.

Doozergirl

prettyandfluffy said:

Deal with the facts.  Does your neighbour have planning permission? An online search of the planning section of your local planning authority (LPA) website will show you, it will also have plans etc.  If he has applied for planning permission you should have been contacted by the LPA and invited to comment.  If he hasn't got planning permission, put a call in to the planning department and ask to speak to the duty planning officer.  Keep records and confirm everything in writing/by email.

The neighbour is using the party wall act and doing it properly - it would be astounding if they didn't have planning permission! 

This post isn't about planning.  

jj_43

"Do they need to be a qualified surveyor?"

No, they don't need to be a qualified surveyor....
 “surveyor” means any person not being a party to the matter appointed or selected under “Resolution of disputes” to determine disputes in accordance with the procedures set out in this Act. 

"Do they need to serve my interests?"
The surveyor is independent and acts for the party wall, not you or the building owner.

The party wall act provides a framework to follow... To summarise the framework is to talk to the neighbours and be responsive so allowed work can continue, appointing surveyors isn't often helpful to both parties as you have experience.

The framework encourages direct communication. You and your neighbour should discuss the work, concerns etc.

jj_43

HampshireH said:

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/

not quite right, the appointment of two surveyors cannot be demanded and surveyors know this.

ftsos

ThisIsWeird said:

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.)

Hello All, I am sorry for the delayed response. I will try and respond to the most recent comments. I am grateful to everyone who has contributed and been helpful with their knowledge.

@ThisIsWeird Your comments have been extremely helpful. The company is called "Churley Survey", and the surveyor's name is Tony Fisk. I called him today. He "seems" like a nice man. I don't want to say anything negative about him or his company at this moment unless he gives me a reason. I phoned him today; he made time to speak to me. He seemed reasonable, and I explained the background and why I felt manipulated by my neighbour and why I was angry, and it felt like he understood. He told me was a qualified surveyor and had been working in the industry for 20 or 30 years, although he is not RICS (I believe). 

Regarding your point that they probably followed the law, I believe you are most likely right. As I said, I am most angry at myself. However, my neighbour could have done the "descent" thing and written a one-line reply to any of my emails to say that he consented to pay for me to choose my own surveyor. Then we would not have this mess, and his work could have started long ago. Instead, they sent me emails from addresses I did not recognise, which I never got to me. They must have known this because I even sent an email a few weeks ago saying the words do you consent to me getting my own surveyor. Anyway, what's done is done. I have made the best of the situation.

However, I have said to the surveyor that has been appointed for me, that I want the same terms as what has been agreed with the other neighbour.

Regarding Legal Protection, you mentioned. This should be very thorough, as the management company holds the building insurance for everyone as the houses are on an "estate". But I will double-check. That's for making me aware. 

ftsos

macman said:

Who is the 'management group' that you refer to? Do you mean the letting agent that you are using? Or someone who manages the freehold of one of the properties? I was under the impression that this is a terrace of freehold properties?

My house is a 3-bed semi-detached terraced (I believe) because it's an end property. The estate has mainly houses and a few flats. Even though most houses are "supposedly" freehold, there is still an estate owner who owns the primary land (I think). I also get confused by all this. It's under Places for People who have a terrible reputation (I think). The management company is called RMG, which is employed by Places for People. I am writing this based on my general knowledge of how it works. So, I do not know if it's 100% accurate. 

ftsos

@jj_43 I wish simple direct communication was possible with this neighbour. But even before this, there have been noise complaints about them, because the guy is a builder and does his own work at all hours. He will do the extension himself so that he will take his time. So, this could drag on.

As I said before, if it was just me that was having issues with them, then I could say it could be me. But they are having issues with the other neighbour, the management company, and a few other neighbours complained about work starting before consent - it was only after they got served notice to stop did they stop the work on the foundation. So, I wish it was a simple situation.

I always believe in getting people on your side and working with them where possible. So, they may have been able to get one over me this time, but it never pays in the long run. 

Anyway, as I said before, I am angry at myself for not being more attentive. But it's now done, and I have to do my best in the given situation. Thanks for your comments.