Having done everything correctly yourself and your neighbour having done nothing you would think that you could appoint your surveyor as ‘Agreed’ and save yourself a few pounds but unfortunately the Act states that the adjoining owner has a right to their own surveyor unless they agree otherwise. Surveyor’s fees are also an issue that can cause friction. Under the Act it is the surveyors that decide who pays their fees although in all normal circumstances, that will be the party planning the work which is only fair as your neighbour was quite happy with the way things were. The exception will be if the actions of your neighbour cause unnecessary expense. An example would be if they called out the surveyors to inspect some damage that was shown to pre-date the works.
Party wall issues? Here are some advices: In most cases, if the adjoining does not respond within 14 days then a deemed dispute is said to have occurred and the person carrying out the work must appoint a surveyor to act on the adjoining owners behalf. If adjoining owners provide written consent to the works as set out within the notices, then there is no dispute to resolve and no further need for party wall surveyors or, indeed, the Party Wall Act. Assuming work proceeds as detailed within the notice and no damage is caused, then no further involvement is necessary. Resolving Disputes: If adjoining owners dissent to the works (or if no response is received and a deemed dissent has arisen) then a dispute has occurred which must be resolved under the requirements of Section 10 of The Act. It is worth reiterating that the Act is one of enablement, it is not there to prevent works from taking place and it offers a route to end disputes at every stage. Where written agreement is not given, the solution the Act provides is for both parties to appoint an ‘agreed surveyor’ who will act impartially or for each owner to appoint a surveyor who in turn appoint a third surveyor. The surveyors then work together to agree the terms under which work may proceed. The surveyor(s) will review the plans, notices and structural details of the works and, after considering the impact of the works, will draw up an agreement which sets out the terms under which work can be carried out (the Award).
Exterior walls will be assessed by the property surveyor and large furniture will only prevent them from gaining access to every part of the exterior wall. Make sure your furniture is kept away from exterior walls and moved into the centre of the room.
More common aspects of the property that the Building Survey may cover can be woodworm, dry rot or damage to timbers, structural damage, results of tests for damp in the wall, information regarding the materials used in the property construction, the costs for possible repairs and possibly a recommendation for further investigations into the property.
Our Director Nathan Foley is a degree qualified building surveyor with over 20 years of construction experience starting out as a plumbing and heating engineer and then moving on to construction and building surveying. Having worked within the construction industry covering a number of different disciplines including project management and contract management, this wealth of experience working at all levels of the construction industry is backed up by educational standards including a BSc (Hons) in Building Surveying and NCRQ health and Saftey Diploma in addition he has also achieved the following technical levels of recognition. Discover extra details at Building Surveyor Canterbury.
These types of work all require notices to be served as required by the act, once notice has been served, if there is dissent then it is deemed there is a dispute and the Act allows for this, this would be the dispute or resolution stage. Most disputes arrives when the Adjoining Owner has worries or concerns with the proposed work or simply fails to respond in the statutory time to the building owner, for which there could be many reasons. Where a dispute arises either due to non-consent or no response then the Act lays down the steps required to resolve the dispute this is where the Building Owner and the Adjoining Owner will each appoint there Surveyor this could be one each or even the same surveyor with agreement for all parties working as the Agreed Surveyor.
The most frequent question we get asked is, but we’ve had a survey the bank arranged it while it true that you can have a Level 2 or 3 survey through your mortgage provider. It is more likely a valuation report that has been commissioned and these are there purely to make sure the bank has the ability to get back from the property in resale what you’ve asked it to lend you. It doesn’t report on lots of things and in most cases, you never get to see it. A HomeBuyer Report with survey: Includes all the features of the RICS Condition Report and advice on defects that may affect the property. A HomeBuyer Report with survey and valuation: Includes all the features of the RICS Condition Report, plus a market valuation and insurance rebuild costs. As one of the most comprehensive surveys available, more often than not a building survey will be requested by potential buyers of your property. It is a wide range inspection of the entirety of a property done in more specific depth than a Homebuyers Report or a Mortgage Valuation. A Building Survey’s purpose is to give a detailed report of the condition of the property in question.
Home and building survey tips and tricks : Go back to your Roots, Trees next to your home can give a lovely ‘rural’ feel to the property, and we love them, she even has a pear tree growing right outside her house. But, she didn’t buy the property without checking first that the roots weren’t causing any structural damage to the property’s foundations. Check walls for damp! Walls get damp for many reasons, and they can always be fixed, often for a few thousand pounds. Check the bottom of your walls for any damp patches, especially after a few days of rain. Then get a free ‘timber and damp’ check. Find additional info on www.home-heroes.co.uk.