Party wall surveyor/lawyer advice please!

House_girl

I’m currently trying to get a party wall award having served a party wall notice to my next door neighbour for a renovation project in a terraced house. They have dissented and we have agreed on a joint surveyor.

Rightly or wrongly, we have completed some notifiable work whilst waiting for the award to be given - this was largely because the architect was hopeless and did not communicate with the surveyor and a genuine misunderstanding between the builders and the site manager. There is still a small outbuilding that needs to be knocked down which is yet to be done and it involves a party wall but other notifiable works are now completed and signed off by building regs.

My question is:

• The original party wall notice served involves several proposed notifiable work, which is now completed. Should this be part of the party wall award? Can the surveyor insist on a detailed method statement on the work already been done? (The surveyor is currently unaware of completed notifiable work - this is been going on since November last year!)

• Does it matter that the party wall notice served does not reflect what the final award covers as work is already completed?

• We now have a better relationship with the neighbours (!) and as most of the notifiable work is now completed and only a small part is still outstanding, could they reverse their decision and consent to the party wall notice originally served? Could we withdraw our original party wall notice and serve another one reflecting the current situation?

I know it seems a backward way of doing things but we are where we are……

Any advice would be greatly appreciated!

kpena

sounds complicated - i suggest that you sign up for Which? legal service. The annual fee is reasonable and is a good first stop to your basic questions.   

ThisIsWeird

Hi House_Girl.

The major parts have been completed and have been signed off by Building Control? Cool. And no 'party' issues arose during this? Double-cool. That all seems done and dusted, then?

There remains a small outbuilding that requires demolishing and removal? This was not included in the original scheme that the PWA surveyor had sight of? What actually needs doing? How will it affect your neighbour? Will it expose their wall, and - if so - how will that wall be made good?

Will your better neighbourly terms go as far as explaining to them what you wish to do, and reassuring them that it'll be carried out properly? If so, that's all you need - your neighb's permission to continue. If your builder were to cause any damage, they'd be liable to put it right, whether it's PWA'd or not.

A PWA surveyor has their use, but really it's when there's a complex 'party' issue going on that needs to be done correctly - digging deep next to your founds, inserting steels halfway into a shared wall, blending in the two roofs and ensuring correct rainwater drainage, that sort of 'proper shared' stuff. Or, it's good when you just don't trust the other party or their builder to do a good job, or to not take advantage over boundaries, for example!

You don't need a PWA surveyor for this demolition, just permission from the neighbour - after you have explained (along with your builder?) what will be done, how straight-forward it is, that it won't affect them in any negative way, how they will be protected by the builder's insurance against accidental damage in any case, and how their wall will be finished off. Is there a wee job you can do for them at the same time - fix their fence, paint this wall, sort their guttering? A wee gesture for being neighbourly?!

House_girl

ThisIsWeird said:

Hi House_Girl.

The major parts have been completed and have been signed off by Building Control? Cool. And no 'party' issues arose during this? Double-cool. That all seems done and dusted, then?

There remains a small outbuilding that requires demolishing and removal? This was not included in the original scheme that the PWA surveyor had sight of? What actually needs doing? How will it affect your neighbour? Will it expose their wall, and - if so - how will that wall be made good?

Will your better neighbourly terms go as far as explaining to them what you wish to do, and reassuring them that it'll be carried out properly? If so, that's all you need - your neighb's permission to continue. If your builder were to cause any damage, they'd be liable to put it right, whether it's PWA'd or not.

A PWA surveyor has their use, but really it's when there's a complex 'party' issue going on that needs to be done correctly - digging deep next to your founds, inserting steels halfway into a shared wall, blending in the two roofs and ensuring correct rainwater drainage, that sort of 'proper shared' stuff. Or, it's good when you just don't trust the other party or their builder to do a good job, or to not take advantage over boundaries, for example!

You don't need a PWA surveyor for this demolition, just permission from the neighbour - after you have explained (along with your builder?) what will be done, how straight-forward it is, that it won't affect them in any negative way, how they will be protected by the builder's insurance against accidental damage in any case, and how their wall will be finished off. Is there a wee job you can do for them at the same time - fix their fence, paint this wall, sort their guttering? A wee gesture for being neighbourly?!

Thank you. We are definitely making progress with our neighbourly relationship and they are starting to come round to our way of thinking. There was some mistrust in the beginning but definitely getting better.

My main concern is in relation to the party wall notice that was served back in November and after the neighbour’s dissent, the only resolution would be a party wall award given by the jointly appointed surveyor (who has not been helpful to date). My understanding is that we cannot ‘sack’ him once he’s appointed and the knocking down of the outbuilding (exposing the party wall, addition of a new wall lining and final rendering) remains within the original party wall notice given.

The question is how do we get ourselves out of this atypical situation without spending lots of money on the surveyors’ fees and him dictating what should go into the award?

ThisIsWeird

I don't understand. 
This wee demolition was included in the scheme of works, or it wasn't?
If it wasn't, then once the BC completion cert has been issued for the work that was under his remit, then it's job done, thanks and bye, and he shouldn't be expecting to come back.
So, you just need your neighb's permission to proceed. 
If this demol was included, then surely he's been paid for this, so by all means inform him of the builder's proposal for handling this simple task, and let him do his business?
Or, if this job wasn't included, but the neighb insists on PWA again, then I guess you're stuffed - you'll need to employ one again?
Which scenario is it?
I guess, if the neighb accepts there's no risk and allows your builder to proceed (has the builder made a good account of himself?), then you'll have saved, what?, a £k?, so time to consider a nice gift to your neighb of, say, a £ew £undred? As I suggested, if there is an obvious repair or update they can carry out at the same time that you will pay for? Eg, if this new wall needs painting, then perhaps, "We'll be happy to paint the whole back of your house as well..." That sort of stuff.

House_girl

Thanks for your reply ThisIsWeird. Apologies for causing confusion - I don’t think I’ve expressed myself very well!

Yes the demolition is part of the original scheme and we have told our PW surveyor of how we’re going to do it (in great detail may I add much to the builder’s annoyance!). However, he is also asking for method statements on stuff we have already done which was part of the original party wall notice before he will give an award - is he allowed to do that?

We are hoping to sweet talk our neighbour about the demolition and give whatever assurances they want but not sure about the existing party wall dispute that has arisen when they originally dissented.

ThisIsWeird

Sorry, HG, I don't have that knowledge.
I don't get how he wants 'method statements' for work that has been completed, and has been signed off by BC.
Hopefully others can help.