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Party wall surveyor


Sunlover00

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Hi, not sure where best to post this but looking for general advice on party walls.


We are undertaking an extension and our neighbour would like to appoint a surveyor. To keep costs down , we would like to use the same one but to date our neighbour has proven to be quite difficult so really unsure whether we would be leaving ourselves open to anymore costs and unreasonable demands if we used the one she nominated - if we use the same one can the surveyor be completely neutral, or would they act in their best interests?


Just not sure if it?s work saving the ?1k for appointing our own independent surveyor then end up costing more because we shared the same one


Also if anyone has any recommendations for good communicative surveyors that they have used would love to have details.


Thanks

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Hi Sunlover00


The best way to save costs is to agree to use the adjoining owner's surveyor. The appointed surveyor should be impartial in their work. They have no vested interest either way.


I can recommend Any Copper who I have used in the past, his rates are reasonable and he was responsive

[email protected]

Mobile: 0874612936

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I can highly recommend Geoffrey Adams @ Anstey Horne www.ansteyhorne.co.uk/ 020 7065 2770 - He's busy but a really decent and fair professional. Having recently gone through a lengthy party wall dispute, I would urge you to take advice re sharing the same advisor, especially if you are already experiencing difficulties with your neighbour prior to works commencing.
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  • 2 months later...

Sorry, me again. So we have had to instruct seperate surveyors and now there is a dispute which may go to a third surveyor to resolve. Whose liable to pay for their costs in the event they rule in our (the building owners favour)?


Our surveyor suggested that it?s usually the party who caused the dispute to pick up the costs ie whoever the third surveyor rules against. However, the other surveyor we are disputing with seems to honk it?s always the Building Owners responsibility!

So I am unsure which party is correct as I don?t want to end up paying for a third surveyor! Our surveyor is confident it will be ruled in our favour .


Can anyone whose been in this situation share their experience? Thanks

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  • 6 months later...

Sunlover00 Wrote:

-------------------------------------------------------

> We are undertaking an extension and our neighbour

> would like to appoint a surveyor. To keep costs

> down , we would like to use the same one but to

> date our neighbour has proven to be quite

> difficult so really unsure whether we would be

> leaving ourselves open to anymore costs and

> unreasonable demands if we used the one she

> nominated - if we use the same one can the

> surveyor be completely neutral, or would they act

> in their best interests?

>



I see this is an old post, but just to say, having had a bad experience with using the same party wall surveyor as a neighbour, I would never do it again (it wasn't the neighbour's fault, they were fine).


Obviously using the same surveyor potentially causes conflict of interest issues.

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  • 4 weeks later...

Hello


I am a party wall surveyor and can assist.


Surveyors are duty bound to act impartially irrespective of their appointment. The first duty of the two surveyors when appointed is to select a third surveyor. That individual once selected should be made known to both owners. Their duty is to determine any matter in the event the two surveyors cannot agree. Additionally, both owners can refer matters to the third surveyor.


The costs of the third surveyor are usually awarded against the owner who effectively loses the determination. However the third surveyors findings are set out in a Third Surveyor Party Wall Award and he/she can defray costs as they see fit. Every situation is completely independent and it is difficult to advise without knowing the full details.


Depending on the works being undertaken, the building owner's (owner doing the work) surveyor puts forward three names of suggested third surveyors at the outset for the adjoining owners surveyor's (neighbour) selection and agreement. These individuals' interpretation and application of the Act should be carefully considered in the context of the work because in the event of a dispute their decision could affect a crucial element of the building owners proposal.


Depending on the proposed works set out in the notices served you may wish to 'consent' subject to s schedule of a condition. This would mean that the building owner has fulfilled their legal obligations and can start work. This option may be favourable if the owners are proposing minor works e.g taking down and rebuilding a party fence wall separating a garden. If you are content with the proposals this is the most cost effective acknowledgement. However, if the work is more involved, e.g side return/basement etc. you may wish to 'dissent' and appoint a surveyor of your own choosing at the expense of your neighbours or agree to the same surveyor known as the agreed surveyor. The costs do not increase if an agreed surveyor is appointed (usually!) but the cost of the adjoining owners surveyor is agreed between the surveyors and inserted into a Party Wall Award which becomes binding in the event the award is not appealed within 14 days. The adjoining owner's surveyors fee is payable by the building owners.


It is important to remember that a surveyor whether building/adjoining/agreed acts in the best interest of the wall. The relationship between an owner and their surveyor is different than your usual client-agent relationship even if you are paying their fee. This is because a surveyors holds a statutory appointment in accordance with section 10 of the Party Wall Act.


If you would like 30 minutes free advice on any party wall related matter please contact me at [email protected] or 07515262389 / 020 3902 6545.


Regards


Steven Vaughan

Local Party Wall Surveyor

www.stevenvaughan.co.uk


Steven Vaughan Associates

Peckham Rye, SE15.

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  • 4 weeks later...
i would second Robbie's endorsement - Steven very kindly spent 20 minutes on the phone effectively giving me free advice (or at least the benefit of his knowledge and experience). this was not only very kind and helpful, but likely saved me some money as I have been able to progress matters myself without the need to instruct a surveyor, which would have cost me money but probably not told me much more than i (now, thanks to Steven) know!
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