Unsolicited letters from surveyors
Discussion
EskimoArapaho said:
Thanks for joining the forum. I hope you stay, contribute and enjoy all that PH has to offer.
For now, can you please show the text of the letter you send to the neighbours of those who get PP? And also let us know when, typically, you send them out (with regard to the application/granting of PP)?
Did you not like the question? ,the absence of a reply would suggest so. Why join a forum to defend your company and then not answer a perfectly simple request. Not the best of pr jobsFor now, can you please show the text of the letter you send to the neighbours of those who get PP? And also let us know when, typically, you send them out (with regard to the application/granting of PP)?
LGB said:
EskimoArapaho and Simpo Two, it’s great to see in the spirit of the forum that you’re happy to display bullying behaviour by way of ‘naming and shaming’ an innocent party, I didn’t realise this was allowed on a website like this? Also to confirm, the person that you're referring too, well I'm afraid you've got that wrong too. I think readers to this forum will be able to make up their own opinion on this subject now considering the malicious nature of your comments.
Also...
the_lone_wolf said:
LGB said:
EskimoArapaho and Simpo Two, it’s great to see in the spirit of the forum that you’re happy to display bullying behaviour by way of ‘naming and shaming’ an innocent party, I didn’t realise this was allowed on a website like this? Also to confirm, the person that you're referring too, well I'm afraid you've got that wrong too. I think readers to this forum will be able to make up their own opinion on this subject now considering the malicious nature of your comments.
Also...
Edited by cahami on Tuesday 28th January 02:10
silverthorn2151 said:
It is a point worthy of note that we Party Wall surveyors don't have clients, we have appointing owners and ultimately are charged with acting to protect the interests of the wall.
It might be relatively toothless as an act but it has been that way for many a year in Central London where the provisions have been in place for thousands of years (approximately).
I would make 2 points about the teeth or lack of them. In the event of any issue relating to the building works being carried on that arises between neighbours, and to which the PWA would have applied, any Judge will take a dim view of someone not complying with the act, when they should have.
Try selling a house where there is a dispute.
It's easy legislation to comply with, give rights more than obligations and protects all.
This is totally correct and to ignore the Act is mindless stupidity, especially when you wish to sell as the prospective purchasers solicitor will ask whether there are party wall agreements in place. Now the 'building owner' knows about the Party Wall etc Act, he can just pass a completed form (See RICS website) over to the neighbour asking him to either consent to the works, or dissent from the works and appoint a surveyor. One party wall surveyor can represent both owners. If the neighbour (adjoining owner) consents then the building owner (the owner doing the works) can press on with his scheme (although taking a schedule of condition - i.e. loads of photos of his neighbours property adjacent to the building works, would be a great idea as it will show proof of any damage after the works). It might be relatively toothless as an act but it has been that way for many a year in Central London where the provisions have been in place for thousands of years (approximately).
I would make 2 points about the teeth or lack of them. In the event of any issue relating to the building works being carried on that arises between neighbours, and to which the PWA would have applied, any Judge will take a dim view of someone not complying with the act, when they should have.
Try selling a house where there is a dispute.
It's easy legislation to comply with, give rights more than obligations and protects all.
It is up to the adjoining owner to do exactly as he wishes. There is no 'post works' remedy and if he has not checked whether the foundations are likely to cause damage to his structure then it is his problem. Now he knows about the Act my advice would be to do the sensible thing. Surveyors needn't be involved but don't just let the neighbour progress the works without any further action.
PM me if you need to chat about it. I do a lot of this stuff. My fees wouldn't, however, considered to be 'reasonable' in a domestic scenario though! Happy to talk it through.
I had one of these letters today. I showed it to my neighbour & binned it. Reported to the council in case it's a misuse of some sort of information. Doubt that will make any difference ( I also reported 101 companies trying to sell me blinds when my conservatory application went in !)
I have today an interesting situation arise on one of my projects.
Party Wall Notices served. Neighbour consents to the works. Neighbour receives 'speculative letter' from an East London based firm of 'specialists' who are part of the Chartered Building Consulatancy rather than the RICS. Neighbour returns appointment letter along with signed Notice acknowledgments Consenting to the works to the 'firm'. Firm issue letter to Building Owner about an Award being required.
I can say no more for now.
As an aside, anyone remeber VB beer. I kinda liked VB beer. I wonder if VB beer is still available in the UK? It would be nice to have a few cold VBs this weekend.
Party Wall Notices served. Neighbour consents to the works. Neighbour receives 'speculative letter' from an East London based firm of 'specialists' who are part of the Chartered Building Consulatancy rather than the RICS. Neighbour returns appointment letter along with signed Notice acknowledgments Consenting to the works to the 'firm'. Firm issue letter to Building Owner about an Award being required.
I can say no more for now.
As an aside, anyone remeber VB beer. I kinda liked VB beer. I wonder if VB beer is still available in the UK? It would be nice to have a few cold VBs this weekend.
I expect the building owner in such circumstances would simply reply with a copy of whatever it was that consented to the works, copied to the adjoining owner and throw anything further in the bin.
When an AO has consented to the works there needs to be no award. There should always be schedules of conditions but that is not the same as an award.
Simply shocking behaviour.
When an AO has consented to the works there needs to be no award. There should always be schedules of conditions but that is not the same as an award.
Simply shocking behaviour.
mk1fan said:
I can make no further comment at the moment.
As an experienced PWS what I can say is that the above does not apply in this instance. Once ressolved I am happy to update. Please don't speculate or offer advice. Matters are in hand.
Then why bother posting in the first place until you have the final answer?! As an experienced PWS what I can say is that the above does not apply in this instance. Once ressolved I am happy to update. Please don't speculate or offer advice. Matters are in hand.
mk1fan said:
I can make no further comment at the moment.
As an experienced PWS what I can say is that the above does not apply in this instance. Once ressolved I am happy to update. Please don't speculate or offer advice. Matters are in hand.
You can make no further comment, but we can speculate or offer advice. That's kind of how forums work.As an experienced PWS what I can say is that the above does not apply in this instance. Once ressolved I am happy to update. Please don't speculate or offer advice. Matters are in hand.
Steve_W said:
From both the .gov.uk and Planning Portal web sites you can get hold of a 49 page explanatory booklet PDF that will give enouugh info for most of us.
https://www.gov.uk/party-wall-etc-act-1996-guidanc...
Of interest are two points it mentions:
"What happens if a Building Owner does not serve a notice as required under the Act?
Where work has begun without notice being given, an adjoining owner can seek to stop the work through a court injunction"
and:
"The Act contains no enforcement procedures"
So it look like it's a civil court matter if someone doesn't follow the suggested procedures and their neighbour objects.
One of my - now - clients is looking down the barrel of a seven-figure Bill because, on their, not particularly big, project they thought they could ignore the party wall act. The adjoining owner took out an injunction that stopped my client's construction contract for three and a half months and required £1.5m of remedial work to the other party's demise.https://www.gov.uk/party-wall-etc-act-1996-guidanc...
Of interest are two points it mentions:
"What happens if a Building Owner does not serve a notice as required under the Act?
Where work has begun without notice being given, an adjoining owner can seek to stop the work through a court injunction"
and:
"The Act contains no enforcement procedures"
So it look like it's a civil court matter if someone doesn't follow the suggested procedures and their neighbour objects.
And, no, we were only appointed after it all went s
teyClaphamGT3 said:
One of my - now - clients is looking down the barrel of a seven-figure Bill because, on their, not particularly big, project they thought they could ignore the party wall act. The adjoining owner took out an injunction that stopped my client's construction contract for three and a half months and required £1.5m of remedial work to the other party's demise.
And, no, we were only appointed after it all went stey
£1.5m?? What on earth could they have possibly done - totally destroy the 6 storey house next door in Eaton Square and the Picasso's contained within? And, no, we were only appointed after it all went s
teymk1fan said:
Racking up a six figure bill doesn't take much. Factor in the associated costs - temporary accommodation, legal fees, design fees, tendering costs as examples - plus VAT lumped on the top.
6 figures perhaps. 7 figures over such a short time span? Unless they were being put up in one of Abramoviches super yachts? Sorry, I meant 7 figures.
ClaphamGT3 doesn't mention timescales.
It is very easy to rack up such a bill. You should check out Fire Reinstatement valuations for how quickly costs pile up.
Ignoring the PWA means the person carrying out the work has to prove they didn't cause damage. This is well established precedent and the reverse of the regular burden of proof.
ClaphamGT3 doesn't mention timescales.
It is very easy to rack up such a bill. You should check out Fire Reinstatement valuations for how quickly costs pile up.
Ignoring the PWA means the person carrying out the work has to prove they didn't cause damage. This is well established precedent and the reverse of the regular burden of proof.
3.5 months of prelims, overheads & profit on the contractor's EOT claim and the cost of remedial works related to waterproofing the adjoining owner's demise, which was £1.5m of works, including ripping out and re-instating works to our client's demise that had already been done but where the waterproofing detail wasn't to the adjoining owners's satisfaction
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