Party wall surveyor... when?

3 years ago

I'm getting really confused as what needs to be done when. I should hear back from the local council re: planning consent on the 16th Nov. After this, the architect will work on the detailed structural plan.
It's at this point (when I know what beams are going where) I thought I would need to appoint a party wall surveyor.
I've received a letter from a party wall surveyor who my neighbour has instructed, asking for the name of mine.
At this stage, the only info that exists is that available for all to see on the council website.
Do I need to rush to get a surveyor for myself (even before I have detailed plans).
Do I need to pay for my neighbours (irrespective of cost and who they choose)?
thanks!

Comments (8)

Sonia
3 years ago
Bumping up your question.
PRO
Room-by-Room (UK) Ltd
3 years ago
Hello Ess Vee,

I advise me clients to speak to the neighbours prior to the planning application submission. This is because once the planning application is registered the application is in the public domain. Party wall surveyors look for these new planning applications and send out letters to the neighbouring properties which may be effected by the proposed building works. As I'm sure you are aware it is the property owner proposing to extend who pays all of the fees associated with the party wall agreement.

Unfortunately you are now on the back foot and you should be looking at appointing your own party wall surveyor.

Best wishes

Andrew
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Hi Catherine. So....... happy to help/advice. My situation- I'm leaseholder of ground floor flat with share of freehold. Owner of 1st floor flat is leaseholder of his flat and share of freehold. A license to alter is between the leasaeholder doing the work (me) and the freeholder (me and him) - so it's quite an unusual situation whihc noone seems to compeltely understand. Theoretically it should be a simple but I made a few naive errors It's also seperate from the party wall agreement. My upstairs neighbour declined the PWA and so instructed his own chartered surveyor. Andrew Cornick. I naively agreed that he could do the report for th license to alter which was a massive mistake as he was totally bias towards the upstairs neighbour. So depends on your situaion. But there should be a chartered surveyor who is working on behalf of the freeholders and writes a report that has certain terms and conditions for you as leaseholder doing the work. The role of the chartered surveyor for the freeholders is: " to report on the proposed application to alter in order that the Landlord(freeholder) could consider its obligation not to unreasonably withhold consent.If you have decent set of drawings/structural calculations as well as building regulations before you start you should be in good stead. it should not be an issue. I used Alan Riley for my party wall agreement -I would recommend him. BVP was upstairs party wall surveyor and joint freeholder surveyor who did the license to alter report ( would not recommend them) - this then gets submitted to the joint solicitor ( solicitor for freeholder) and is signed by both freeholder ( you and him) and you leaseholder I sought advice from George PAtros and Sandra Rankine who were excellent public access barristers but this was because the freeholder chartered surveryor was extremely difficult and I needed help. You shouldnt need this I also used http://www.congrevehorner.com/ Andrew Dewhurst to do a schedule of condition for adjacent neighbours who had agreed to the party wall agreement. I also got advice from this guy who was extemely helpful - also a chartered surveyor.... Christopher Magowans from Magowans in TWickenham. Hope that helps. Jane
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Ess Vee
Original Author
3 years ago
Thanks Andrew. I am aware that I pay fees, but assuming they are not a standard set amount - it seems unreasonable that they would appoint someone and I just need to go with it.

Yes, the letters went out by multiple party wall surveyors a bit like ambulance chasing vultures.

I hadn't realised I needed to be quick of the mark as at this stage I've no information other than what is publicly available.

Out of interest, does anyone know when this Party wall surveyor agreement came in as a requirement? They had work done, and I never saw an agreement or was contacted to create one.
PRO
Room-by-Room (UK) Ltd
3 years ago
Hi,

The party wall act was first formalised in 1996.

What part of the country are you?
Ess Vee
Original Author
3 years ago
thanks!
North West London (Middlesex)
PRO
Room-by-Room (UK) Ltd
3 years ago
Look up Paul Shaverin on google. He does all my party wall agreements.
Daza
3 years ago
If you haven't served the party wall notice yet then your neighbour has jumped the gun, probably scared into it by surveyors writing to them after seeing the planning application as room-by-room says. The notice has to be served a certain time before building starts and contain details about what you are doing structurally, which you might not know full details of at planning stage. See if your neighbour is happy to share the same surveyor, could be the one they have chosen already, to represent you both jointly as it will work out cheaper.
Ess Vee
Original Author
3 years ago
Yes, I guess that's what's happened.
I haven't served notice as at this stage, I don't have structural detail plans - I'll kick this off next week once I have planning approval 🤞

Considering they have chosen theirs, why would they be bothered about agreeing to share or not? it doesn't impact them if it's cheaper for me.
Wouldn't they have signed an agreement with this surveyor already - so I wouldn't be able to suggest another...

I feel less inclined to go for a company who they've chosen as the neighbours have already set a tone for being blockers; they'd lodged an objection to the council even re: planning.

Also, their surveyor wrote to me just asking details of mine - but not stating costs - at what stage do they 'reveal' their bill and how much I have to fork out??

The whole thing sounds ridiculous that another person can agree to something that I need to pay for without agreeing costs with me.

Party wall surveyor... when?

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Sonia

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