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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

AIBU to not want to pay for party wall surveyor

51 replies

MrsJackSpratt · 03/05/2021 14:19

Our neighbours (we're semi's, but it's the 'non attached' neighbours) are having a massive extension built. I'm not entirely thrilled about it as it's double height 1/3 way down length of garden, but, they're good neighbours and at end of the day, it's not worth the fight.

But, the extension is right up to the boundary, and so we've been advised we should have a party wall agreement in place. Neighbours have said that, as we're the ones that want the agreement, it's our responsibility to pay for it. Which is in region of £750 to £1000!!

For us this is a lot of money, and I don't really see why we should have to pay anything for THEIR extension. But if we don't have one, it seems we won't have the same protection if our property is damaged in any way during building works.

Is it really our responsibility to pay for this? Or can we insist they pay? Basically, AIBU to say "not a chance"

OP posts:
jimmyhill · 03/05/2021 14:25

Google is your friend. As far as I can tell they probably have to pay. fpws.org.uk/faqs/#:~:text=Who%20pays%20the%20surveyors'%20fees,will%20make%20the%20final%20determination.

ReindeerAreEvil · 03/05/2021 14:26

This might be useful - but my understanding is that it’s normally the person wanting to do the work that pays for any surveyor needed

hoa.org.uk/advice/guides-for-homeowners/i-am-improving/party-wall-agreement/

NK16de6a99X1115598183c · 03/05/2021 14:32

You don’t pay they do. You can either agree to one surveyor who acts impartially or you can appoint your own and the building party has to pay for both.

Bigwave · 03/05/2021 14:34

nope, they pay all reasonable costs for your surveyor. and if you don't agree to use one with them, they have to pay for your own independent one as well as their own.

Wherearemymarbles · 03/05/2021 14:34

Yep. They are legally obliged to pay.
Our neighbours did some work. Oddly enough when the planning application went through we were inundated with letters from surveyors telling us about it and to get 3rd party wall agreement.

We got someone round and our neighbours got the bill.

But in our case it was against the party wall of our house

Notavegan · 03/05/2021 14:34

As above, they pay

FeelinHappy · 03/05/2021 14:36

Yup, they have to pay. It doesn't bode well that they are not admitting this from the start. Maybe they are just very poorly informed.

Notcontent · 03/05/2021 14:42

I am surprised they are allowed to build right up to the boundary. Do they have planning remission for this? There are obvious implications for you - if you wanted to extend in the future, you would either need to extend right up to their wall (and therefore no longer be semi detached but a mid terrace!) or you would need to leave sufficient room on your side to be able to maintain your side of your house.

Nobeautysleep · 03/05/2021 14:46

If they’re making you pay and not even going halves, then they’re not good neighbours. I’d object to their plans.

Wriggleout · 03/05/2021 14:47

A party wall agreement applies only if there is a shared wall and if it's the non-attached side, it won't be needed. If they are building within 2 metres of your building, they will need to issue you with a notice of excavation. If it's outside 2 metres, no legal agreement needed

custardbear · 03/05/2021 14:51

Yes as above, those building need to pay

Wilkolampshade · 03/05/2021 14:51

You're not attached. They don't have to pay.

CharlotteRose90 · 03/05/2021 15:04

Absolute cheeky sods. If their building to the boundary or using the boundary wall then they need the agreement before work can begin as far as I’m aware. You need to go back and tell them it’s their responsibility to pay not yours.

Wriggleout · 03/05/2021 15:21

You need to research this. Or we need more info. I think they are right because you are not attached.

I think what they have clumsily tried to say is that if you have concerns about this, then you can appoint your own surveyor at your own cost.

They are legally obliged to issue you with a notice of excavation if they are building within 2 metres of your building, however.

SkiingIsHeaven · 03/05/2021 15:40

Husband is a party wall surveyor. They definitely pay.

Also applicable if they dig within 3m or 6m. Different rules for each. They don't have to be attached for it to apply.

There is a good guide on the www.gov.uk website. It tells you everything.

YankeeDad · 03/05/2021 15:46

If they are doing certain types of works, then you have the right to appoint a PW surveyor of your choice, at their expense. However, there is a deadline you need to respect in order to enforce your rights. I am just going through something very similar myself, except in a terraced house, which is worse: I am the Adjoining Owner and the neighbor is doing major building works. Feel free to DM me in case you want to discuss details of your specific situation.

Broadly - for certain types of works, they are required to serve notice upon you in a very specific way, and then you need to respond within a certain timeframe. You can either "consent" or "dissent"; you want "dissent". Then you can either agree to appoint their PW surveyor jointly, or say that you want to appoint your own. If you appoint your own, then they have to pay for both PW surveyors.

These documents that I found online may be of some use:
www.brent.gov.uk/media/16403929/rics-consumer-guide-party-walls.pdf (less official, but much shorter; may help you to work out whether they are required to serve notice under the Party Wall Act). Broadly speaking, they probably need to serve notice if they will be modifying or loading an existing wall at the boundary, or if they will be excavating below the level of current foundations within 3m of the boundary. Whereas, if they build an extension entirely on their side but don't dig below level of your foundations that are within 3m, I think they might not need to rely on this Act at all -- they might just be able to do what they want on their own land.

www.rics.org/globalassets/rics-website/media/upholding-professional-standards/sector-standards/building-surveying/party-wall-legislation-and-procedure-rics.pdf
(from the site of RICS - much more detailed)

I do not know what the options are if the Building Owners starts the works without having appropriately served notice.

Again, feel free to DM me in case you want to discuss more specifics.

AllThatisSolid · 03/05/2021 15:56

Neighbours have said that, as we're the ones that want the agreement, it's our responsibility to pay for it

I hope you've been told by every PP that your neighbours are wrong. I'll add to that chorus.

You're very tolerant - I wouldn't be happy with such a huge extension.

fabulousathome · 03/05/2021 15:58

The RICS have a helpline you can phone. They will give you the number of an appropriate surveyor and you can have a 30 minute conversation by phone with them for free.

They will tell you what the correct way to proceed is.

I'm pretty sure that will be that the neighbours have to pay for a party wall surveyor. It makes sense as you did not ask them to extend their house!

CuriousaboutSamphire · 03/05/2021 16:04

Well, at least they have alerted you to the fact that they are either clueless, and so will probably cut other corners, or expect you to be clueless and will seek more ways to take advantage of you.

Put your foot down firmly now. Shot across their bows, they won't get away with anything that encroaches on you rights or your property.

And keep in mind, it is their chosen behaviour that has alerted you. Anything you find, choose to do, is a direct result of this lie, inadvertent or not!

WaterBottle123 · 03/05/2021 16:55

They are CF's!!

You definitely need an agreement and they definitely pay or you can stop their works

PicaK · 03/05/2021 17:01

I thought rules had changed and you couldn't build right up to boundary anymore

Schooldilemma2021 · 03/05/2021 17:27

They are meant to pay - do not pay. Speak to one to see how it works if they don’t actually appoint one as they should, ie you can always appoint one who will send them the bill - but check out the process for doing so first. Where are you based, know an excellent one.

Overthebow · 03/05/2021 17:54

They have to pay. Also do they have planning permission for such a big extension?

80sPadme · 03/05/2021 19:56

I thought they only had to pay if it was an 'attached' wall ie the attached neighbours.
Unless they are building writhing 2mtrs of your property they give you notice and you may appoint one at your own cost of you wish to?
I may be wrong!?

littlepattilou · 03/05/2021 20:01

HA HA HA! Cheeky fuckers. Grin Do they seriously think YOU should pay? I mean, SERIOUSLY?!

Tell them to fuck off. If you don't want to do that, just say 'we literally do NOT have the money. YOU will have to pay it..... sorry.' tilted head Sad