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My plans were approved for a renovation (another story above the garage which the neighbour vociferously objected to even though he has done exactly the same). My neighbour initially got in touch with a surveyor regarding the party wall act. This was before a notice was served. We both agreed via emails with the surveyor that they would be our "agreed surveyor" which I was happy with. This was last September.
Since then the surveyor has served notice (20th December) expecting the neighbour to then appoint them as joint surveyors. The adjoining owner is now not happy with the notice served (neighbour thinks he knows better than the professional PW surveyor because of his "background" in civil engineering).
He has now appointed his own surveyor which could potentially cost me another 1300 quid at least (110 + VAT per hour). Knowing how difficult the neighbour has been it could be significantly more.
Should I be liable for this fee? As far as I'm concerned the neighbour agreed on the initial appointed surveyor.
Is it worth fighting? My surveyor is potentially appointing a 3rd surveyor at the moment.
The sad thing is this is purely to protect a garden wall on his property which would cost approx 400 quid to replace should it be damaged during our renovation .....
I think you are on the hook - the legislation is abused - cost me over £5,000 - absolute farce.
Yeah you're stuffed. I had similar, cost me 1000s and then the neighbour used the wall I built to do the same extension she'd tried to stop me doing so saving her a chunk of cash.
The whole Party wall thing is a scam, the minute planning permission is filed, scumbag firms email the neighbours advising you contract them for £1000s of unnecessary work which they highly recommend (had the flyer when my neighbour submitted for an extension).
Yip its a crappy system which leaves you out of pocket for pretty much nowt!. Can you agree to use his surveyor or have you already paid for yours? thats what I did and it pissed of my neigbour no end as they thought they were being smart.
If the neighbour's Surveyor's fees are unreasonable your Surveyor can appeal to the Third Surveyor (who is appointed by the two Surveyors to act as an arbitrator if they cannot agree). However, the Third Surveyor may find in the neighbour's Surveyor's favour and charge you a further fee for doing so. £110.00 is actually quite low, so you will only have a case if the time claimed to have been spent cannot be justified.
Not sure though how building over a garage has any implication under the Party Wall etc Act for a garden wall on your neighbour's land unless the two structures are attached or you are underpinning the garage?
My neighbour agreed to use the same single surveyor who quoted a fixed price (which was all the more surprising when he stretched out the work and made life pretty difficult). Not much you can do if they want their own surveyor.
The intention of the act was good but the implementation is terrible.
The flyer I was sent was recommending I have several £k worth of tests done!
Thanks for the replies. Guess I will be liable for the costs then. As the current surveyor (who was agreed via email but not officially by the neighbour) has done most of the prep work then hopefully the new surveyor won't need too much time. The current surveyor has also said that the award will be drawn up by the surveyors so hopefully this will take the neighbour out of the proceedings.
Need the award as we are building within 3 m of the neighbours foundations.