That's a toughie Pengy, but if it were me I think I'd be getting an independent one

Ooooooh Pengy - I really haven't a clue. Not a nice situation to be in - obviously you don't want to appear to be difficult but you have to look out for yourself here! I hope someone comes along who's more use than me.

yes, i would go for the independent too

 

i can understand you don't want to fall out with your neighbour over it, but your main priority is your home, imagine if you were unhappy with the outcome of the works - that would cause more trouble in the future

Nail on head Soozy 

 

 

Fanks Sproutalicious - I am moving towards an independent one but then again I don't know 

If the surveyor is working for both of you, then both of you would have grounds to sue for wrong advice given, surely. 

And then Blizz throws her post into the mix   Good point as well

that's what I'm wondering Blizz - I was told by CAB that any PW Surveyor would be impartial and if employed by both parties, should work in the interests of both parties.  Obviously I don't want her to have to fork out twice for 2 surveyors who will probably say the same thing but I just don't 100% trust that the surveyor will have my interests at heart.

 

I'm a worry wart as you can tell 

I was thinking the same as Blizzie....I can't see the surveyor, if you use the same one, not being impartial. You would both be his clients and his professional standing couldn't afford the trouble not being impartial could cause.

 

^^^^ This

 

It wouldn't be worth losing his job over £500 Pengy

Having read this, it seems that you can either just come to an agreement with your neighbour, or ask them to appoint an "Agreed Surveyor", who will give independent advice, if necessary, or both of you employ surveyors and they then select a third one, in case they disagree with each other.

 

"The best way of settling any point of difference is by friendly discussion with your
neighbour. Agreements must always be put in writing.
If you cannot reach agreement with the Adjoining Owners, the next best thing is to
agree with them on appointing what the Act calls an "Agreed Surveyor" to draw up
an "Award". The Agreed Surveyor should NOT be the same person that you intend to
employ or have already engaged to supervise your building work - see paragraph 12.
Alternatively, each owner can appoint a surveyor to draw up the award together. The
two appointed surveyors will select a third surveyor (who would be called in only if
the two appointed surveyors cannot agree).
In all cases, surveyors appointed under the dispute resolution procedure of the Act
must consider the interests and rights of both owners and draw up an award
impartially.

Their duty is to resolve matters in dispute in a fair and practical way.
Where separate surveyors are appointed by each owner, the surveyors must liaise
with their appointing owners and put forward the respective owners’ preferred
outcome. However, the surveyors do not act as advocates for the respective owners.
They must always act within their statutory jurisdiction and jointly prepare a fair and
impartial award."

 

http://www.communities.gov.uk/...lding/pdf/133214.pdf

 

Paragraphs 11 and 12 cover this subject.

 

 

 

Fankoo Blizz     We're gonna have a cup of tea in about 15 minutes so I'll gently broach the subject then with her 

conflict of interests

see if the boot were on the other foot I know that she would have already have gotten an independent surveyor on board - she doesn't miss a trick.

 

I have to be careful because nice as she is, where money and property are concerned she goes for the jugular  and she'll quote you chapter and verse of the law as well   she made a big thing of telling me I had no grounds to complain about her extension on the grounds of 'right to light' so ner ner ner ner ner <---------- her words exactly   This is one of the reasons why I'm so anxious with her.  She always seems to be one step ahead of people and if anything goes wrong it's always their fault, never hers   She's the type of person that would tell a brain surgeon how to do his job because she's read a book on brain surgery 

 

I'm thinking I'll get her to give me the name of her surveyor and I'll have him checked out, if everything seems OK then I'll ask that they work for both but I'll make it clear to the surveyor that I'm expecting him/her to be impartial.  That way then I've covered myself.  

 

Thank you everyone 

Enjoy your cuppa. 

 

Not sure if this has already happened, but this should all be done in writing, for your protection. If you do not employ a surveyor, the neighbour will still be legally responsible for putting right any damage caused, but you should take some photos, as proof of the original state of your house and party wall. Maybe lean a bit, when you take the photos of your wonky house! 

 

"Adjoining Owners should note that the primary purpose of the Act is to facilitate
development. In return for rights to carry out certain works, the Building Owner (the
person having the work done) must notify you in advance. He is made legally
responsible for putting right any damage caused by carrying out the works, even if
the damage is caused by his contractor.
You cannot stop someone from exercising the rights given to them by the Act, but
you may be able to influence how and at what times the work is done.
If you refuse to respond to a notice from a Building Owner, he will be able to
appoint a second surveyor on your behalf so that the dispute resolution procedure
can proceed without your co-operation
It is preferable that the owners reach agreement between themselves wherever
possible without the need to activate the dispute resolution procedure. You do not
lose subsequent rights by agreeing to the intended works described in the Building
Owner’s notice. Agreement to the intended works simply signifies that, at this point
in time, there is nothing in dispute. If a dispute arises at a later date, say in respect
of damage caused, you can activate the dispute resolution procedure."

Hmmmm, having read that, I'd say you should tell her that you'd like to appoint an independent surveyor. 

Never had personal experience of this but I would prefer to get an independent opinion although it seems unfair that you have to pay for it.

i agree with blizz pengy, if she is that much of a "know-it-all"

 

you can't be too careful, especially when she is paying

That's the beauty of it SB - she has to pay not me as she's the one having the work done.

 

 

OK I'm now leaning towards and independent surveyor.

 

I have been summoned so I will let you know what she says later    (if I make it out alive) 

Who does the report issue to?  Does it just issue to her or does it issue to both of you?  If the surveyor is acting for you both and you're both named on the report, it'd be perfectly okay for him to act for both of you.  That would mean you would have your own report from him so if things went wrong you could go after him.

 

I always find independent surveyors chuck a load of food in the mix and create a fuss where there is none just to boost their own egos.  Two many cooks and all that.

forget what I just said...get the independent surveyor

Get the most expensive independent surveyor that you can Pengy. In fact, get two.

Good luck Pengy!

 

Whatever happens, a Party Wall sounds like fun.

 

 I think we all want the neighbour punished, now! 

 

Basically, she can get a Party Wall Agreement, which you both sign and which is legally binding on both of you. She can also pay for a Schedule of Condition, which reports on the state of your property before the work commences, in case of dispute later on.

 

Or, you can ask for a Party Wall Award, which will involve either employing one surveyor, working for both of you, or two surveyors, if you choose.

In this case -

"The party wall surveyors will prepare a fair and impartial party wall award which will deal with the right to execute the party wall works, the time and manner of executing any party wall work, and any other matter that arises between the parties connected to the party wall works. In all normal circumstances the party wall surveyors will prepare a report, called a “schedule of condition”, of the neighbouring property before works start in order to protect the interests of both parties in the event of a later claim for damages."

 

Both options offer you protection, but the first is a lot cheaper for the neighbour. 

 Yep, could bring the house down! 

I would go for the independent surveyor option. If things got nasty in the future and it went to court the surveyor would be called to give their expert opinion. It would be difficult for one person to be acting for both plaintiff and defendant.

 

I am a professional accountant and a few years ago one of my clients decided to sell part of the business to an exisitng employee. When the employee contacted me for advice I made it very clear that he should get another accountant to give advice to avoid any conflict of interest.

 

When I was selling my parents' house, the purchaser was someone I knew. They didn't have solicitors but I did so I put the purchaser in touch with the solictor. The solicitor told the purchaser that she couldn't act for both me and the purchaser and she put the purchaser in touch with another solicitor. Again potential conflict of interest.

I'd not use her surveyor

 

Have a

 

Thanks for all your replies everyone.  I've just got back from her's (been there most of the day playing with the kids).

 

 

I said I'd been contacted by several surveying companies since her planning application was submitted (this is true) and made it sound like they were ambulance chasers just trying to get me to sign up to screw money out of her   and then said that on reflection I felt it might be prudent for me to investigate where I stood as my only interest is in protecting my own property as I'm sure she would if the positions were reversed.  Apparently, her plans haven't been approved yet by the Council but she expects them to be.  She claims to know nothing about Party Wall agreements and claims that she hasn't got to the point of needing a surveyor yet.  She also refutes that a Party Wall agreement would be necessary as her extension is within permitted development.  I pointed out that whilst that might be true, if it comes up to the boundary (which it does) it does come under this act.  She says it may be some time before any work would commence but as she's had a delivery of sand, cement and breeze blocks today, I'm not entirely convinced of that!

 

She has acknowledged that before she starts any work, she has to give me 30 days notice but she was taken aback when I said that if I got an independent surveyor within that month that she was liable to pay those fees.  She seemed quite angry until I pointed out that many neighbours use the same unbiased surveyor as this cuts down costs.  I said if her surveyor proved to be satisfactory and met with all the regulations of FPWS (it's a body they belong to although it's not regulated thoroughly) then I might be prepared to allow him to do the survey for both properties.  I don't think  she thinks surveyors are necessary.  

 

I've effectively left the ball in her court and if anything have shown her I've taken advice and that my only interest is protecting my property should her contractors do anything wrong.

 

Thanks again for your replies. 

I would imagine Temps that if we both have the same surveyor, we'd both get a copy of the respective surveys of our land/houses. 

 

Surveyors in the UK are usually signed up to a Code of Practice to the Faculty of Party Wall Surveyors but it's not regulated properly and some surveyors have screwed people over. I guess it's a chance you take and if the company is big enough, I guess I could always sue.

 

 

I'm hoping that nothing goes wrong to her building or my land and a  Party Wall party sounds like a great idea for a celebration 

This alone rings alarm bells with me Pengy