Party Wall Surveyor in London

5 posts
davethomas99999
Posts: 18
Joined: Dec 2016
Contact:
Share this post on:

Party Wall Surveyor in London

Postby davethomas99999 » Tue Dec 06, 2016 4:40 pm

After going through the Party Wall process with my adjoining owners I felt it necessary to share my experiences with others who are about to commence a development and in that situation the Party Wall etc Act 1996 will apply.
Most readers of this post will have little or no knowledge of Party Walls or how this process can affect your finances.

I hope to explain and share all elements of the 1996 Act and draw the public’s attention to pitfalls and how to avoid costly mistakes.
You need a Surveyor but how to find one? Google, recommendations, yellow pages etc its all hit and miss, but you have to start somewhere so invite three quotations from local firms. If you live in London, its common sense to use a London Surveyor and not one from Bristol or the midlands simply because your Surveyor needs to be at hand if problems develop.

You will as I did become confused with the differences in the quotations for what is a simple process once understood. I had two adjoin owners and my development was a loft conversion in SW London. The quotations came in £800, £1100 and £2200 all for the same job. Confusing? Very!

Not all Surveyors are the same, but it appears there are two distinct levels of Surveyor those is formal qualifications such as MRICS, BSc, MCIOB etc all graduate level and then those with lesser or no formal qualifications but tend to use the letters MFPWS after their name- this is membership of the Faculty of Party Wall Surveyors, it’s a three day course that is almost open to all. This normally accounts for the vast difference in quotations submitted.
But to be clear there is no requirement for a Party Wall Surveyor to have any formal qualifications at all apart from a good understanding of the 1996 Act and buildings. So should you use a MFPWS or go for the expensive RICS Surveyor? Readers may be surprised to hear that my experience with a RICS Surveyor ended up with his dismissal for absolute gross negligence, he failed to serve the Notices as required, he failed to keep me informed, he failed in communications with my neighbours Surveyors and I had to become a go between. He initially quoted £2200 which seemed fair at the time, but sent me various emails with increasing estimates, projecting to £3200, enough was enough and I dismissed him. He then invoiced my for his fee, I rejected his invoice and made a formal complaint to RICS which I won. He never received a penny and got a serious reprimand from RICS.

I employed a second Surveyor, not a RICS but he had a BSc and seemed very knowable, he had to start the entire process de novo. He served Notices, met with the other Surveyors and undertook the vital schedule of condition and finally raided the Awards having both adjoining owners Surveyors sign them. All went well and the development is complete. His fee was £1100.00 + VAT

So what did I learn? The Party Wall process is actually very straight forward and using the right Surveyor is essential, don’t worry too much about formal qualifications more applicable is experience.
So my guide to picking a Surveyor is follow this check list and hopefully you won’t go wrong:

1. Make sure he’s London based.
2. Ask to see his professional indemnity insurance certificate.
3. Ask for a breakdown of this fees. £800.00 per adjoining owner seems very fair and reasonable.
4. Don’t engage a RICS Surveyor, they are not needed for Party Walls there is no real technical involvement.
5. Make sure he’s VAT registered if not in all probability he’s a chancer a cowboy looking for a quick buck, how can any surveying practice turn over less than £84,000 which is the VAT threshold.
6. If the above are not all satisfied ask for references.

Happy to answer questions.
Good luck!!
Post Reply
Lulubear
Posts: 103
Joined: Mar 2013
Contact:
Share this post on:

Re: Party Wall Surveyor in London

Postby Lulubear » Tue Dec 06, 2016 5:51 pm

We have some very technical issues and a complex dispute arose with our neighbour, the 'building owner' doing the work. Our RICS surveyor was definitely not up to the job. He couldn't assess a damage claim and gave no advice on what to do when it was discovered our neighbour had built with impunity, completely ignoring the party wall award and putting our property at risk. A year later we are still trying to work out what to do - there are so many things wrong and he walked away rather than deal with it when it would appear the neighbours started inimidating him with lawyers. I am interested to find out how you got the RICS to investigate and discipline? When I contacted them they were quick to wash their hands of it saying that party wall surveyors are involved in a statutory process so they will only get involved after there has been a court decision - i.e. we have to sue for negligence and win first. Any tips on how to get them to deal with it or did you sue for negligence first? Also interested to hear how you started the process de novo. We had an agreed surveyor so there was no third surveyor to call on. PM me if you prefer.

I would say that there are plenty of well qualified surveyors who are members of the faculty of party wall surveyors. I have some really good advice from those on their advice line as I try to unravel the problems we have been left with. I personally think it is better to have a surveyor with a good level of expertise - both in the party wall procedures and in knowledge of construction as you may need this if you get into a dispute about expensive construction damage or non compliance with a party wall award. After the experience we had I would be very wary of appointing a joint surveyor in any circumstances as I now know the pitfalls of doing this - you lose a lot of the protection that the Party Wall Act gives with only an Agreed Surveyor in place. Then you end up having to introduce court proceedings and pay for your own experts to do reports.
If anyone is thinking of appointing an Agreed Surveyor I would look for someone with experience of acting as a 'Third Surveyor' to do this job.
Post Reply
davethomas99999
Posts: 18
Joined: Dec 2016
Contact:
Share this post on:

Re: Party Wall Surveyor in London

Postby davethomas99999 » Tue Dec 06, 2016 6:28 pm

Our approach to RICS was slightly different and in the form of a Solicitors letter with supporting witness statement. The RICS Surveyor immediately ceased his demands for his ridiculous fee and RICS commenced a formal disciplinary hearing.

I note your comments on the Faculty but I must say one of the adjoining Surveyors used a member and he could not tell the difference between concrete tiles and slates, he was a former bus driver apparently, not sure the three day course produces a good quality Surveyor, but I’m sure some are.

The third Surveyor is selected by the two Surveyors and it’s unlikely you could influence a selection, what our Surveyor did, and did exceedingly well, is cap the fees of the adjoining owners Surveyors fees to £800.00 by making a submissions to the third Surveyor. Beware of third Surveyors who are Faculty members and if there are Faculty members as adjoining Owners Surveyors watch out its unlikely your get a fair hearing. We had Alistair Redler as the third Surveyor a very firm and fair adjudicator and not a Faulty member.

Our Surveyor went on to represent many of my neighbours in Wimbledon if anyone wants his details PM me his firm covers the whole of London.
Post Reply
Lulubear
Posts: 103
Joined: Mar 2013
Contact:
Share this post on:

Re: Party Wall Surveyor in London

Postby Lulubear » Thu Dec 08, 2016 8:45 am

Thanks for filling me in. We may well need a solicitors letter to get the RICS to do anything. It is possible for surveyors to act as agreed surveyor that have had 'third surveyor' experience. This is what I meant. If they are used to acting in the role of 'third surveyor' then they are used to dealing impartially with contentious matters and are supposed to be highly experienced. My suggestion was that if anyone is thinking of appointing an agreed surveyor they assume they need someone with this capability as you never know when something contentious will arise.

Capping of surveyors fees is fine for a straightforward set of tasks. However, should contentious matters arise there would be lots more work so a further award would be necessary for those extra fees if this had not been anticipated in the original agreed price.
Post Reply
Vernet66
Posts: 3
Joined: Dec 2017
Contact:
Share this post on:

Re: Party Wall Surveyor in London

Postby Vernet66 » Thu Dec 07, 2017 4:10 pm

I realise this thread is a year old but I am looking for people willing to talk about their experience of a party wall dispute to an audience of surveyors . Not about the neighbours but about the party wall surveyors who handled it (for good or bad). As much as I would like to be proven wrong, it seems to me that owners are sometimes treated as a commodity and the true nature of dispute resolution forgotten. If you are willing to travel to London, please get in touch via the contact page of the Party Wall Academy website.
Post Reply
https://roundhousedesign.com/
http://simplybasement.com/
https://www.hurlinghamdevelopments.co.uk/
https://speakingofinteriors.com/
https://www.clarabee.com/
http://www.another-approach.org/
https://www.grahamleecarpets.co.uk/
https://londondoor.co.uk
https://www.create-spaces.co.uk/
https://gentlemanandavan.co.uk/
https://primesteam.co.uk/
http://www.kitchenconnections.co.uk/
https://www.dulwich.org.uk/admissions
https://www.paintthetowngreen.biz/
https://www.dulwich.org.uk/admissions/ducks-kindergarten-and-infants-school
https://maroconstruction.co.uk/

Start a conversation
To create a new post and start a new conversation, please click on the button.