Party Wall act question

[NutsaboutFruit]

My neighbours have just served me a party wall notice. It's a single story extension; I have seen the plans and have no objections. But... the letter I have received asks me whether, in the event of a dispute, I would be willing to agree to the appointment of an agreed surveyor. Details of agreed surveyor to be advised if a dispute arises.

This has surprised me. I thought the party wall surveyor was meant to be appointed as a matter or course, before – not after – any disputes arose. Isn't the idea that they come and take pictures of my property etc before the work starts? Otherwise if a dispute arose because of damage to my property, how would I prove that there was no sign of the damage before the building works?

The PWA provides sample template letters that building owners can serve on their respected neighbours. Some will accept them while others request that a Party Wall Surveyor is formally appointed. If you’re happy with what’s being proposed... just sign, date and return their letter.

May I jump in to ask - what happens if the neighbours (ie the OP) don't return anything any don't respond in any way..? Can the build begin anyway, or does everything just stop until if/when the neighbours do reply?

(I'm on the other side of the equation in this!)

My letter says if I do not respond in writing within 14 days we will be "in dispute" under the Act. So I would think you cannot go ahead until the dispute is resolved.

You can do nothing then you are in dispute and a party wall surveyor is appointed. You can have the same one or you can insist on your own both must be paid for by them. Or you can sign if your happy but would prefer a surveyor to draw it up I would speak to your neighbour and state your preference

Also you can take your own pictures but then its up to you to sort out a claim for any damages. I would get some advice if your unsure citizens advice could help.

Don't agree to theirs. Say you wish to go ahead with dispute and appoint an independent party wall surveyor, which they will then have to pay for (rather than try and use their builder dad, like my neighbors did, guess whose side he would have taken when their builders damaged the foundations?)

You basically have 14 days to find a party wall surveyor.

You should dispute and find yourself a surveyor. This is to protect you and your property. It will record what the boundary looked like before any work started and you can agree working hours and access. Your surveyor meets theirs and an agreement is drawn up which means you are protected.

@HBGKC

May I jump in to ask - what happens if the neighbours (ie the OP) don't return anything any don't respond in any way..? Can the build begin anyway, or does everything just stop until if/when the neighbours do reply?

(I'm on the other side of the equation in this!)

The PWA provides answers to all scenarios...

assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/523010/Party_Wall_etc__Act_1996_-_Explanatory_Booklet.pdf

You can ask for a condition report (at your neighbours cost) even if you go ahead and consent to the works.

Thanks, everyone. From the PWA link, it looks like they have used the standard letter template and that it's quite normal to not engage a PWA surveyor until/unless a dispute has arisen... not what I had always thought!

That’s right. You dispute. You get a surveyor. They negotiate from your position. Your neighbour pays.

Can I ask then. Our plans have just gone for permission and We need to sort out a party wall agreement with our neighbours. When do we do this? After plans have been approved or before? The letter you mention, is that just one I can download from somewhere? And then if the neighbours are happy they just sign and we don’t need to do anything else or do you always need surveyors etc?

You can do it before or after planning after seems better to me as if they dispute and you instruct a surveyor then you are incurring costs before your certain you have permission to build. However, the only benefit is really time as you could be getting this sorted whilst planning goes through but it's a risk.

Normally you instruct a surveyor after you get pp. You will then have detailed construction drawings and know what’s going to happen and how your neighbour will be affected. For many extensions it’s fairly minimal and it’s easy to agree.