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Party wall advice - end of works

4 replies

partywalladvice · 11/05/2021 14:31

Hi all, I wanted some advice about the inspection that occurs when building works complete please.

I started a previous thread for party wall advice where our neighbour has been difficult for no valid reason during our build and has continually placed unreasonable requests on us. We initially entertained the requests as we felt guilty for level of disruption building work inevitably causes but he wore us down with constant threats of reporting us to planning enforcement/party wall/taking us to court even though no breach/damage/offence had occurred.

Anyway, he approached us about apparent changes to floorboards and wall, stating this is something we need to rectify under party wall. We visited with our builder and read the original surveyor's report to ascertain what he was asking for. We rectified one legitimate problem immediately (on the exterior of property) and were planning to meet the rest of his requests (predominantly painting) to avoid expensive surveyor fees and to maintain relations....
But he then attempted to use a previous issue (which we drew a conclusion and both parties signed written agreement to) and add in an additional clause as leverage. His stance were that if we agreed to him altering a part of our property, he would allow us to resolve party wall informally, otherwise he wanted to get surveyors involved.

After advice from some lovely posters on here, we went back through our award and discovered a final survey was included from his surveyor so we requested this was completed and we would make good any damage from this report therefore he had no leverage to amend our previous agreement. Of course, he was not delighted and attempted to backtrack and get us to do the work anyway but we have stood firm.

So our problem - we have instructed our surveyor to get his surveyor to do the final inspection. Our surveyor said they have received the request but have not yet inspected. Our neighbour is insisting that the surveyor does not want to inspect and want us to resolve amongst ourselves. We have paid for this inspection in our fees and expect it to be done. We also strongly suspect our neighbour has realised that he cannot get us to remedy pre-existing damage so is delaying/preventing the final inspection but we want sign off to stop him saying in 5 months time that a creaky floorboard/hairline crack was caused by us.

What can we do about this to get the inspection complete? If any damage has occurred as a result of our works, we want to repair it and ideally before our builders finish. Am I allowed to contact their surveyor? My surveyor is sadly pretty useless and gives minimal communication

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Changingwiththetimes · 11/05/2021 15:12

I don't see why not as you are paying for him. You are just asking him to fulfil his contract.

partywalladvice · 11/05/2021 16:39

We are but he is acting on their behalf not ours.

I was considering sending both surveyors and neighbour an email notifying them that works are complete and final inspection needs to be undertaken as per contract so it is transparent to all. Then it is explicitly clear we have notified completion of works and requested the inspection (meaning neighbour and his surveyor cannot blame each other for preventing inspection)

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Dogsanddrums · 11/05/2021 18:10

Glad to hear you are closer to resolving this but sorry to hear he has found a final straw to clutch onto!

When we were dealing with our PWA, we contacted the adjoining owners surveyor a few times. Whilst he was hired by the neighbour, all of the surveyors are acting on behalf of ‘The Act’ rather than in yours or your neighbours interests. On that basis, you’d think they can speak to you - and after all, you are the one paying the bill, so hopefully the neighbours’ surveyor will be keen to close this too.

I think the idea of emailing both surveyors would be sensible. I’d suggest requesting that the final visit is done within (X) timeframe, and you could also ask both surveyors at what point would preventing the final inspection equate to accepting that no damage has been done? The same way that a lack of reply to the initial letters equates to accepting that the work can be done (from memory!)

Also, I had a quick look back at our PWA and it said that our surveyor (not neighbours) could, if booked in advance, inspect adjoining properties for damage. Not sure if this would incur additional costs or whether your PWA is the same, but maybe worth a shot?

Best of luck, you’re nearly there!

partywalladvice · 11/05/2021 22:31

Thanks so much @Dogsanddrums, I will get in touch with his surveyor and send the email.

Our surveyor won't be doing an inspection, just the one he appointed will be which is absolutely fine if they can just get it finished so builders can do any remedial work if it does apply. I'm pretty certain there isn't otherwise he would have been all over it and getting them over instantly - he's dragging his heels because he knows he can't fool them that preexisting damage was caused by us.

As you said, I just want to give them a defined time to report otherwise to be assumed no damage as he is so difficult to deal with.

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