Builder in hampstead with a party wall problem

adjoining owner, General Questions on Party Wallon July 8th, 20121 Comment

Hi, I hope you can help. Im a builder working in Hampstead London and note that you deal with party wall issues in this area. We have a problem with the adjoining neighbour to the property we were working on. Her party wall surveyor wanted to keep coming to our property and inspecting our work!I  took the view that I had nothing to hide so I let the party wall surveyor into our customers property and he inspected four times. However I now understand that he has sent a bill to my customer for each inspection he undertook. Can you clarify this for me?
Has the adjoining neighbour’s party wall surveyor got the right to inspect the work being undertaken in our customer’s property, who was served the party wall documents?

Also does my customer have to pay for the inspections?

One Response to “Builder in hampstead with a party wall problem”

  1. London Party Wall Surveyor says:

    Interesting question. Your client is, I presume, the Building Owner (as defined in the Party Wall etc act 1996) and since they are carrying out work for their benefit, any reasonable costs incurred in dealing with matters arising under the Act are likely to fall to them.

    The real question is whether the Adjoining Owners Surveyor has the right to inspect the works & to what extent and who should pay his/her costs in doing so.

    To answer. If the two Party Wall Surveyors (Building Owners Surveyor & Adjoining Owners Surveyor) have determined in an award that the Adjoining Owner must inspect the works on four seperate occassions, that award has been served & not challenged in the County Court within 14 days by either owner, then, provided that the Adjoining Owner Surveyor is inspecting works notifiable under the Act and covered by the award, then he may do so and if the costs of him / her doing so are set out in an award that has not been challenged within 14 days of service, then it would appear to be the case that your client may end up paying the costs of these inspections.

    If, on the other hand, there is no such term in an award, then your client would not be under any obligation to pay the surveyors fees and it is worth remembering that the Surveyors are engaged under Section 10 of the Act to determine matters in dispute betwen the owners that relate to the NOTIFIABLE WORKS and not to the entire project. They do not have a supervisory role to fulfil.
    Your client may wish to discuss the matter with their appointed Party Wall Surveyor, or if they are still not content, they can take the matter up with the Third Surveyor and he / she has the authority to determine matters such as the reasonableness of, and who pays, fees.

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