Confused by party wall surveyor

[Walserwasstrange]

My neighbour's having a loft conversion that involves raising part of the party wall and wants access to my property to work on part of it. I was advised because of issues re: potential damage to my roof from this, and other possible problems, to have my own surveyor. So now we each have one. But I'm confused about the advice I've had. I've been asked if I'm happy to allow access but also told the type of work means entry can be forced anyway under section 8(?) of the Party Wall Act. I'm not totally against access btw just had some questions about it, as was told had to be done very carefully.

Don't want to make things difficult for the sake of it or string things out, just wanted some information/assurances about how things would be handled practically once things are underway, and that I'm fully covered if anything goes wrong. But my surveyor thinks I shouldn't allow access but wait for a notice to be served forcing access under the Act. But they won't tell me why they think it's the better option, from my point of view it seems a bit aggressive to do that, rather than negotiate. Does anyone have any theories about why I've been told to handle it like this? I What possible benefit could there be to make it worth forcing my neighbour to take action?

I am guessing here but it could be that you are better protected if damage were to occur. If you simply agree matters with your neighbour it might open a can of worms if damage happens. This is because it may not be clear what the terms of access were and how the cost of damage would be taken care of? Although you may think your neighbour would be really nice and just pay up for damage you may be surprised because in practice it may be the builder who is responsible and their liability insurer may automatically deny responsibility for anything and make it really difficult for you. Likewise the neighbour's insurer would probably do the same and instruct them not to admit any liability. It is fine when there is just a broken slate that is easily fixed as no-one worries about small costs. It is just that if anything major goes wrong that is going to be expensive to put right you need all that to be anticipated and protected against.

Also, the party wall surveyor probably can't negotiate on your behalf unless the notice is served. He may be more knowledgeable on what suitable terms should be agreed and how damage can be dealt with. That is just a guess though.

Also, entry can only be forced under the party wall act for specified works that are listed in the party wall act not for all aspects of construction. It is also possible to get access under different legislation for essential repairs to property but that doesn't apply to new construction.

Oops sorry, just realised this is an old thread so the work has probably been done by now!

Thanks, yes it has, and did refuse, no issues so far though. However did find the Party Wall Surveyor helpline very useful, and they advised that should always refuse voluntary access as rights are clearer. Their advice is free and seemed unbiased
www.ricsfirms.com/helplines/

Also refusing meant that the loft side wall was constructed in a manner that will make it easier to build on our side if we want to do so in future.