A number of the team at Paul Ennis & Company Limited are experienced and qualified in Party Wall Matters.
Paul Ennis & Company Limited are full members of the Faculty of Party Wall Surveyors, an academic and educational-based organisation that specialises in representing surveyors who are active in the Party Wall etc. Act 1996.
The Faculty of Party Wall Surveyors protects the public and furthers the profession by insistence upon high standards of professional conduct and competence.
The Faculty provides referrals for appointments as Party Wall Surveyors, please check our credentials direct with the faculty.
Costs for Party Wall services can vary dependent on the time spent. To visit site and give general advice, then prepare documentation with regard to the Party Wall Etc. Act 1996 is calculated at an hourly rate of £125.00. Typically to prepare an award on a domestic extension/party wall alteration would be approximately £1,000 +VAT.
Below are some frequently asked questions:
Question:What if my neighbour (Adjoining Owner) denies access onto his land in order that I might undertake my building work?
Answer: Under Section 8 of the Act, the right of access is given by law if access is required in Pursuance of the Act. The section states that entry may be forced if accompanied by a policemen. Refusal to give access is also covered by Section 16 whereby the offender is guilty of an offence and can be fined up to £1,000 by the court. Party Wall Surveyors should be careful with this one because this would not apply if access is only required to prepare a Schedule of Condition – simply because it is not in ‘Pursuance of the Act’. Such is not mentioned in the Act. Ask yourself the question – Is my access in pursuance of the Act?
Question:What do I do if the other surveyor is not responding to my letters etc, and is being difficult for he seems to be driven by his appointing owner’s demands?
Answer: The Act is very clear on this point and the answer is in Section 10 (6) and (7). Section 10 (6) says that if the surveyor refuses to act effectively for ten days the other surveyor may proceed ‘ex parte’. Make sure you define the difference between REFUSING and NEGLECTING to act, but either way you can take action yourself, just make sure that you state which clause you are invoking, when taking the ‘ex parte’ action.
Question:I am not happy with my appointed surveyor and he tells me I cannot dismiss him, is this right?
Answer: Yes it is true that a surveyor’s appointment cannot be rescinded – Section 10 (2). However under Section 10 (11) either party or either surveyor can go to the Third Surveyor direct to determine a matter. You may have to ask who the Third Surveyor is, for he certainly would have been selected by the two surveyors at the outset. If you cannot be given the name and address then all that has gone before is invalid.
Question:Can I withhold serving the Award until the Owner pays my surveyors fees?
Answer: In short NO. You cannot hold the Award in lien for fees. You are appointed to administer and implement the Act regardless of fees. If you want your fees you must sue for them as a civil debt – Section 17.
Question: Can I ask the surveyors to determine where the boundary is between my neighbour and me?
Answer: You can, as a separate matter, but not under the Party Wall etc. Act 1996. The surveyors have no powers to determine any boundary.
Question: My neighbour has not served any notice and has started the work, what can I do?
Answer: A very common problem and the answer is that you cannot do anything under the Act. However you can seek an injunction from the court to have the work stopped, but be warned on this because you need to know many things before taking such action such as: a) Is the work covered by the Act? b) There will be a cost to get an injunction with no guarantee that you will recover the cost. c) You need to prove that you have suffered damage or loss, not just because a Notice has not been served. d) If the work is completed, then the matter under the Act is closed because you cannot work the Act retrospectively.
