Party Wall

[Addicted2LuvIsland]

Hi all. I bought a house last year and it turned out the extension isn't up to code. No problem - we decided to knock the whole thing down and make it larger. Planning permission in (just waiting), building control notified, architect and builders all in and ready and we are in the process of contacting structural engineers. Everything will be done properly. I live in a semi-detached house. My neighbour and I had a conversation and he was happy for the extension to go ahead. Fast forward to 2 weeks later I recieve a very formal letter from a party wall surveyor that he has instructed. I have no issue with him instructing anyone, but a heads up would have been nice given that until now everything has been quite friendly. My main issue is that he has instructed a party wall surveyor that isn't even RICs regulated. Can I refuse this particular surveyor? Everything I have read says that I need to pay as it is me having the work done. I do not want to pay for someone I feel isn't up to par. I can get my own surveyor but that then means I have to shell out for 2 surveyors, possibly 3 if the two do not agree. Any information would be appreciated.

Also want to add my neighbour appointed surveyors prior to permission even being granted or jorification of works were given.

If you're doing work on the party wall or within 3 meters of the boundary you need a party wall surveyor. Your neighbour can share yours or have their own, but yes you pay for both.

You need an award in place that is agreed upon. If your within 3 meters or building on the boundary, your neighbour is not in the wrong here.

I never once said he was in the wrong. Pls clarify where I said that. All I said was that he could have given me a heads up that he was appointing someone. The surveyor he has appointed has terrible reviews and is not RICs regulated. I have no issue paying for someone who is RICS regulated at all. In addition planning hasn't even been granted yet. My impression was that one I issue notice then surveyors are notified etc.

I had my party wall agreement drawn up before my planning permission was granted.

There are party wall surveyors who keep tabs on planning portals, and send letters promoting themselves to the neighbours of planning applicants. Good surveyors don't need to drum up business like this - if he's got someone a bit shady I'd guess that he's had a letter through his door that is scaring him into acting aggressively.

I am not an expert, but I thought you had to give them notice before they could appoint someone. Planning permission lasts quite a while and in the current climate lots of plans will fall through before anything is built, so there is no point surveying until the building work is definite.

They are free to appoint someone with rubbish reviews, so I'm not sure you can do much there, but if things have been friendly until now, you could try discussing it with them. I would definitely get someone rics registered, with good reviews, to act for you, as spending a few hundred on this could save you thousands later if things do go wrong and get difficult.

The party wall act is to protect you, as well as your neighbour, so well worth doing it properly.

Yes that's what happened. He showed me a load of letters thinking that they were linked to planning. I explained to him that it was up to him if he wanted to get his own survey done, which is why I was surprised when suddenly a letter from one of the surveyors came through with no heads up. As I said I have absolutely no issues with the process because it protects me as much as him but I just want someone who is trustworthy and RICs registered

I think it's too late now for him to change the surveyor as he has sent them a letter or appointment. My next worry is they will completely overcharge!

I don't see how he can appoint anyone if you haven't given notice. How about if you don't give notice for 2 years? Or you get permission for a different extension?

That's what I thought. I will speak to my neighbour tomorrow or next week (they seem to have a lot of people over this weekend) because I don't think that this surveyor is being entirely honest. I also do not think he has informed my neighbour properly that we can have one surveyor that acts for both of us or that they should be RICs registered.

I'll see what he says. I'm more annoyed that over the last few days he and his wife were a bit off with me and I had a feeling something was up. Unfortunately there are some unscrupulous vultures out there and their reviews say as much.

I will point it out to my neighbour, of course ultimately it is up to him if he wants to go with the person he has now, but I feel he should at the very least be told about RICs. I personally would feel much more comfortable paying for someone certified (even if I had to pay for 2 surveyors).

When you go round it might be good to take a print out of the GOV.UK guidance to explain the process a bit so it seems less scary. Here's a link www.gov.uk/government/publications/preventing-and-resolving-disputes-in-relation-to-party-walls/the-party-wall-etc-act-1996-explanatory-booklet

Unfortunately under para 13, it does say you can appoint anyone as your surveyor so the lack of RICS doesn't seem to be a blocker per se, but that, coupled with the online reviews, will hopefully show this person to be a cowboy.

One thing you could decide to offer which gave our nextdoor comfort to sign was for our surveyor to do a condition report. It cost an extra £200-300 but it meant we didn't have to appoint more than one surveyor which saved money overall.

As previous posters have said, they've also massively jumped the gun if you haven't applied for PP yet. We had special foundations which had to be incorporated into our party wall docs which is why we waited.

Good luck with it all!

Thanks Socks that is really helpful. It's just annoying because I haven't lived here that long and it's somewhat tarnished what was an OK relationship. I will see what he says later. I went to go round earlier but his car wasn't in the drive. I will try later. Ultimately if he wants to stick with this surveyor I will have to get my own because I would prefer someone who is member certified.

Also we have applied for PP but have not had word back yet - just waiting. That said I think we will get it as everyone else has the same as we are proposing. I just hope he doesn't get defensive when I go round there later.

Spoke to neighbour. Apparantly they did not instruct this ambulance chaser! On the reviews of the company they have done the same to other people. Thanks for all your help everyone

Ah what a relief! Hopefully you can proceed on a less formal footing now. Hope everything goes well for you!

Thank you Socks x