Party Wall Hell - Builder did work already

[chandellina]

We agreed with neighbours on one side to appoint a surveyor to make a party wall award, as a safeguard around any potential damage from our loft conversion. The (shared) surveyor was appointed and carried out a schedule of condition on the same day our builder started works. The actual party wall work is already complete with no apparent damage. Obviously the builder should not have started works. The surveyor is now trying to halt all works before making an award although I don't believe he has any statutory right to stop works, my understanding is our neighbour would have to injunct. We and the neighbour are keen to reach an award however the surveyor is continuing to request additional information from the builder and to perform other unspecified tasks that he says will increase his bill, while refusing to describe those tasks or to give any anticipated timing on the award. My concern is he will run up the bill and maybe not even issue an award. What can we do?

The surveyor is just padding out his own bill. If you and the neighbour are fine with it all, is probably just an ambulance chaser style of surveyor.
You are right there is no penalty for not following the procedure, unless the neighbour takes out an injunction, and you have the same obligation to make good any damage regardless of whether the procedures were followed.

Thanks. Our neighbour wants to be protected and have an award in place but I literally don't know if that's possible now. Even if the neighbour injuncts, I don't see what happens next if part of the work is already completed.

The surveyor is a twat. Have you already committed? If not, find a new one.
Or better even, if you have mutual trust with your neighbour, approach with a letter where you agree to put any cracks in order (especially as there is none!) We did that for our neighbours over a glass of wine at a point and vice versa a few years later. Awards are expensive.

Oh, found you an article on retrospective "award".
www.peterbarry.co.uk/blog/what-to-do-when-your-neighbour-ignores-the-party-wall-act/