Third party wall surveyor, should we agree to share?

[User181019]

Neighbours are planning a huge rear extension which will impact our property. They'd like us to agree to a shared surveyor to reduce their costs. We would prefer to have an independent surveyor. I know that professor surveyors are neutral but we are opposing their build and don't see any benefit to us in sharing, only the risk that the surveyor won't be truly impartial (even if we get to pick the surveyor). Neighbours are new and I'm not imagining there will be great relations after the build. We're upset about the extent of their build and impact it will have on us. Also because they didn't tell us about their plans. We found out when the council sent us a letter. They only approached us after the deadline for objecting to the plans had passed, a good few weeks after they submitted their plans. The Third Party Wall Notice was then popped through the letter box followed up by a text asking us of we can sign asap as they'd like to start their build. They don't have planning permission yet from the council but I assume they are confident they'll get it. We have objected to the council but haven't heard back and aren't optimistic about our objections being upheld.

Can anyone advise on whether we should concede to reducing their costs by sharing a surveyor? We genuinely don't see any benefits. We also think that they're only being "nice" so they can get the build underway and because they've already asked for access to our property to build their extension. They also want to remove our garden fence to do so.

We are really unhappy with the proposed build. It really is huge and will dramatically change our enjoyment of our home as it will loom over us. Being pragmatic, we think planning permission will be granted so it's a case of mitigating the impact/damage to our property and making sure we're covered where they rip down our fence etc. Hence why we wanted an independent surveyor only the neighbours really what to share ours. We still have to live next to them so don't want to piss them off even though they've clearly shown disregard for us!

Any advice would be much appreciated.

*professional not professor!

Your situation sounds like ours. We however are the neighbour (although we showed our plans and did consult).

Get your own surveyor. You are entitled to it, it’s the law. You’re concerned, get the support you can from them.

I don’t hold anything against our neighbour... despite her 13 pages of complaint. It’s the system and her right.

I thought the house building was responsible for all the costs? I'm confused as to why you would be bringing their costs down just so they can build something you don't want. We have just gone through this process and for us we didn't need independent surveys as we made sure our neighbors were happy before we submitted planning. And they were happy to agree to party wall as long as we made sure we respected their ( reasonable wishes).

Some people will never be happy so one can’t always do these things with agreement. Although one should try.

However, exactly what slightly says, why are you concerned about their costs.

Get your own surveyor. They've ridden roughshod over you so far so I think it's best for your peace of mind to have someone completely independent. They are bearing the cost and should have factored this into their build. With your own, if anything goes wrong you'll be dealing with surveyors, not your neighbours to get any issues resolved.

Don't share party wall surveyor and I'd refuse to allow them access to your property for their build.

Under the Party Wall Act 1996 if you don't consent to the proposed work within 14 says of being notified of what they intend to do or if you do nothing within 14 days you are deemed to be in dispute in which case either you can appoint a surveyor to act on your behalf or they have to appoint one for you. Either way they have to pick up the cost of your surveyor. I would certainly get your own surveyor as part of the process will be determining any works they must do to put right any damage caused by their building work to your land/property IF they get planning permission. I would question if they can even issue a party wall notice until they have PP - again your own surveyor can advise on if the notice served is premature. I would also continue to contest the planning application if it hasn't been decided yet - you can still object even if the period for doing so has passed - for example is the proposed extension is going to affect your right to light or cause overlooking issues - windows positioned that'll look directly in to yours with distance separation of less than 13m ( this varies with councils) ? Whichever council is involved will have guidelines issued ( look on their planning website) on what criteria to consider with planning applications - i.e. 'massing' (extension too big for area), terracing effect of an extension, privacy issues etc - try to make your planning objection specific to "planning" issues rather than "we just don't like it". If nothing else a well prepared objection may force your neighbours to consult with you to try to reach a design which you could live with

Have you read your own post?
They didn’t talk through plans with you.
They want access via your land.
You are unhappy with the proposal and have made formal objection.
You are instictively unhappy with the shared surveyor proposal.

Why on earth would you allow the people who are trying to trample your rights and protections to limit your proper independent representation?
The law is there to provide you with protections. Use it.

Thank you all.

The permission hasn't been granted and we did submit our objections. I am assuming they are confident in getting permission and they have already mentioned a start date for their build, which is why I think they've served notice.

I suppose we want to be nice and reasonable in the hope that in helping to reduce their costs, they might be more considerate in their build. Reading through the above, I realize that's naive. We also still have to live next to them and the pressure to share a surveyor makes me feel that they'd hold it against us if we didn't. But we'll stand firm and will politely explain why we'd prefer to stick with our own. Have asked our surveyor whether he thinks the notice was served prematurely.

Thanks everyone. Will share the post with OH. It's really useful to have impartial advice like this.

Don't share party wall surveyor and I'd refuse to allow them access to your property for their build

Just a note on this. You can’t refuse access if the build is on the boundary. The party wall act is a permissive act and it will grant access if it’s covered by the law.

morning. I am a Chartered Surveyor, The legislation is called The Party Wall (etc) Act 1996. NOT..third party anything. The Party Wall surveyor should be impartial. fees... is 'reasonable fees'. look up the government handbook on this or contact a Chartered Surveyor... look for Registered Chartered Surveyors and DO NOT engage with firms who contact you after they trawl the planning portal. You might even find my firm's website. Anyway there are plenty of decent bona fide party wall surveyors and do not be worried to appoint 'Agreed Surveyor'. Don't be pressurised to agree by the neighbour doing the work ...called the 'Building Owner' until you have first spoken to a Chartered Surveyor who should not be involved in any other way with the project.

Thanks all. We don't want to be unreasonable about access but we're worried as neighbours on other side built an extension a few years ago and caused a litany of damage to our property and we had allowed access to maintain good neighbourly relations. They did pay for what could be fixed to be fixed but it was so much hassle and it was really stressful dealing with their builders for several months (owners rented elsewhere so weren't onsite during the build). We're obviously also anxious about a repeat of this experience.

We have a similar issue, we decided to appoint our surveyor as it was free of charge to us and also we were concerned that the single surveyor wouldn't look after our interests (although, they are meant to be impartial).
We appointed these guys: www.sevenoneassociatesltd.co.uk/party-wall-services-london
they helped negotiate a reasonable compensation figure for the use of our wall by the neighbour's new extension. They also came back after the works to check if there was any damage.

Good luck with your neighbour!

We are just about to start this process as my DMs next door neighbours want an extension that falls within the scope of the act. DHs company employs a party wall surveyor snd he will be acting for DM regarding negotiations. We are looking at how the foundations will be dug, access (if any), making good, hours of work, keeping DMs property clean, fencing and generally how DMs property will be looked after during the build so she isn’t inconvenienced.

We have said no access until the party wall agreement is agreed by both parties and they have their own p w surveyor. We are not expecting any hassle but we want a clear agreement because DM is elderly.

So get your own p w surveyor. Agree reasonable methods of work and making good. Don’t finalise anything before pp is issued. Stand up for your rights. They might have to reduce the impact of the extension so that would affect the pw agreement.

Update: we've politely informed our neighbours we'd like our own surveyor. They have requested again that we share. We have politely replied that we'd prefer our own. They have expressed how "disappointed" in our decision as it will drive up costs for them and they don't understand why we won't share. They say it's risk free for us if we appoint the surveyor. They know it's our right to have an independent surveyor but I feel that messages like this so early don't bode well for the build :(

The build is going to cost them around £100k so I'm amazed that the cost of an independent surveyor is such an issue for them to keep us happy given that they know we're unhappy with their proposed build. We've chosen a reasonably priced surveyor too who is local, has a good reputation for being sensible and efficient so we're not seeking to draw this out.

Argh!!!! Dreading the entire process now, the build and, most of all, having to live next door to neighbours who clearly are now pissed off with us!

Dear Mr Neighbour

It doesn’t bode well from my point of view that you are ignoring our clear legal rights so early in the build. The pressure you are applying is misplaced and inappropriate. Hopefully this isn’t an indication of what’s to come.

Fuck em OP, this is not your problem.

Thanks yeahyeah. I am going to burn your last sentence into my brain so I can recall it should we receive any more passive aggressive messages or disapproving glares!

The Party Wall Award is not an Agreement. it is not 'agreed' by the parties. It is published by properly experienced people (unless you are bonkers and don't use a surveyor). As mentioned elsewhere use an independent Chartered Surveyor or suitable property professional, and not one involved in any other way with the project. That is the correct way ahead. Do not consider any friendly agreement with neighbours in sympathy to save costs because it is their Statutory obligation to comply with the Act and your Statutory right to have the procedures of the Act followed.