Party Wall notice - need your avice

[rajk]

Myself and the neighbour have agreed on an agreed surveyor.

By law, I need to pay for the surveyor. However, my neighbour wants to get a solicitor to review the surveyor's "Award". Do I need to pay for the solicitor as well??? I thought the surveyor report is good enough.........

Also, my neighbour wants to find his own surveyor and solicitor. I am happy to use his surveyor but does a solicitor really need to get involved? I have been told "No" from everyone - need your advice.

 

[DevilDamo]

If you're proposing to carry out the works, then you would have to pay the 3rd party's surveyor fee's (as well as your own). I've never known a solicitor to get involved and if I was in your situation, I'd state that they're not needed and if they choose to use one, then they will have to pay their fee's.

 

[jeds]

Do I need to pay for the solicitor as well???

No. You have to pay reasonable costs of a surveyor or a solicitor but not both. Problem with going to a solicitor is that a surveyor will be needed anyway for the technical parts and costs escalate. Tell your neighbour you will cover the cost of a surveyor and if they choose to consult a solicitor as well then they will have to pay for it.

 

[rajk]

How can I prove to my neighbour that I only need to pay for the surveyor? Is there a paragraph in the Act that I can mention?

 

[freddiemercurystwin]

I don't think it specifically says that anywhere, your neighbour needs 'educating' here's a guide though if you've not already seen it http://www.communities.gov.uk/documents/planningandbuilding/pdf/133214.pdf

 

[DevilDamo]

How can I prove to my neighbour that I only need to pay for the surveyor? Is there a paragraph in the Act that I can mention?

Turn it around... ask your neighbour where in the act it says you "have to" pay for their solicitor fee's. We have told you do not need to. You don't have to prove that. Put the ball in their court.

 

[freddiemercurystwin]

How can I prove to my neighbour that I only need to pay for the surveyor? Is there a paragraph in the Act that I can mention?

Turn it around... ask your neighbour where in the act it says you "have to" pay for their solicitor fee's. We have told you do not need to. You don't have to prove that. Put the ball in their court.

A very softly softly approach needs to be taken here though, PWA's can lead to allsorts of delays and expense at the cost of the Building Owner.

 

[jeds]

S.10 (13) says reasonable costs. Reasonable costs do not include a solicitor because the use of a solicitor is completely unnecessary - and so unreasonable.

I have occasionally come across solicitors in party wall work but its pretty rare and usually on very big jobs where there is a lot of administration. Those firms tend to employ surveyors in-house so it's a slightly different situation.

How will the solicitor decide whether the proposed works are appropriate to the situation? Whether regulations haver been complied with? Whether works are being completed correctly? How will they carry out a condition survey? How will they deal with problems arising with building works?

Party wall work is not really legal stuff, it's technical stuff that is set out in an act rather than a regulation. You wouldn't employ a solicitor to advise you on building regulations. It's the same thing.

 

[rajk]

Thanks for the advise, I agree with you guys - all solicitors and surveyors say the same thing..... no solicitor is required. My neighbour is very particular and difficult, only something in black & white will teach him, he's not practical.

 

[rajk]

Jeds - where is S.10 (13) in the party wall act? I have looked for it in the above linked-PDF but cannot find the quote...... plz advise.

 

[jeds]

The document above is an explanatory booklet. You need to look up the act itself.

 

[rajk]

Jeds - is there a free copy of the Act? I tried looking for it.

 

[freddiemercurystwin]

http://www.opsi.gov.uk/acts/acts1996/ukpga_19960040_en_1

 

[hotrod]

Jeds - is there a free copy of the Act? I tried looking for it.

Party Wall Act 1996

hth

 

[freddiemercurystwin]

Too Slow hotrod!