Party wall agreement can I use my neighbours surveyor too?

cfq1718

Hello,

I live in a mid terraced house and I am having a loft conversion done. My neighbours won't sign the party wall agreement and also don't want to use the surveyor that has been suggested by the builders.

Can I engage their proposed surveyor to do "my side" too or do there need to be two seperate surveyors, as this would save me £1000.

Thanks

BarelySentientAI

Yes, both sides can use the same surveyor.

saajan_12

But also yes, they can insist on an independent surveyor. 

Had someone do this to me, they wanted to build an extension using a wall that would straddle the boundary. I appointed a surveyor, and they suddenly switched to the same surveyor. I switched to a new, independent surveyor - the point is to have someone looking after your interests, to avoid any conflicting interests. The impression I got was they don't separate all communications as say solicitors at the same firm do, and we advise people all the time to get a separate solicitor. 

ThisIsWeird

Hi cfq.

Do you need a PWA surveyor as well?

This loft conversion is going through PP and Build Control? The plans were drawn up by an archi? The calcs were carried out by an SE? Your builder has a reputation - er, a good one?

I guess a PWA surveyor might be useful if your neighb's surveyor acts like an arris and acts out every one of their client's unreasonable moans, but otherwise, is one really needed for you?

(I don't know - just putting it out there.)

Oh, and have you informed your house insurance you are having this work done? Phew, cool.

cfq1718

Thanks for all your responses.

ThisIsWeird said:

Hi cfq.

Do you need a PWA surveyor as well?

This loft conversion is going through PP and Build Control? The plans were drawn up by an archi? The calcs were carried out by an SE? Your builder has a reputation - er, a good one?

I guess a PWA surveyor might be useful if your neighb's surveyor acts like an arris and acts out every one of their client's unreasonable moans, but otherwise, is one really needed for you?

(I don't know - just putting it out there.)

Oh, and have you informed your house insurance you are having this work done? Phew, cool.

I didn't know that not having one myself was actually an option. Can I just pay for my neighbour to have his done then? Is the surveyor not likely to come to me with questions that I'm unable to answer? The loft conversion is being done under permitted development, I have the plans drawn up and the calculations all done. The building firm is a pretty big local company with excellent reviews that just does 100s of these loft conversions and not much else.


I'll let the insurance know now. 

cfq1718

It turns out "letting the insurance know" means "cancelling my insurance" because Aviva won't offer home insurance if I get a loft conversion?!

ThisIsWeird

cfq1718 said:

It turns out "letting the insurance know" means "cancelling my insurance" because Aviva won't offer home insurance if I get a loft conversion?!

That is very strange. But best you know now.

When you renew your policy with another provider, I'd strongly urge you to include solid Legal Protection, often included, but other times a ~£25 option. If you have a neighbour who is remotely dodgy or unreasonable, you may be thankful.

ThisIsWeird

cfq1718 said:
I didn't know that not having one myself was actually an option. Can I just pay for my neighbour to have his done then? Is the surveyor not likely to come to me with questions that I'm unable to answer? The loft conversion is being done under permitted development, I have the plans drawn up and the calculations all done. The building firm is a pretty big local company with excellent reviews that just does 100s of these loft conversions and not much else.

There are folk on here who I'm sure will provide a definitive answer.

GR54

If the propped work doesn't involve anything beyond the 'line of junction', you don't need to serve Notice.  Shah v Kyson & Power has made this very clear.  S2.2 of the Act gives a 'building owner' rights, not obligations. And these rights only exist if you serve a s3 Notice. A 'building owner' is one who wants to take advantage of rights the Act is able to offer.  If you are content with your common law rights, you are not defined as 'building owner', so you don't serve a Notice,. and with no Notice, there is no party wall act.  Don't listen to party wall surveyors, they all feel the Act is just their meal ticket. 

GR54

For more detail on the above, see http://grahamrix.co.uk/partywall.html

ThisIsWeird

Very useful, GR54.
Can you comment on the possible alternative - CFG's neighbour has a surveyor, but CFG themselves not?
Thanks.