Allow building owner access after award served
Discussion
A brief background to a long on going saga.
The 2 appointed surveyors have served an award under the Party Wall Act 1996 last week and given us 14 days to appeal the matter.
The building owner wants to appoint another surveyor to inspect my damage for reasons not advised to me.
I have contacted my surveyor who advised I should grant her access, I have spoken to another party wall surveyor who is of the same opinion as me that I should not allow them access as the award has been served and if they disagree they should appeal it.
I have contacted the third surveyor and await a call back.
Do I have to allow access to the building owners quantity surveyor under the Party Wall Act 1996 after the award has been served.
If i do not allow access to the property does it go against me if the building owner appeals the award in court?.
The 2 appointed surveyors have served an award under the Party Wall Act 1996 last week and given us 14 days to appeal the matter.
The building owner wants to appoint another surveyor to inspect my damage for reasons not advised to me.
I have contacted my surveyor who advised I should grant her access, I have spoken to another party wall surveyor who is of the same opinion as me that I should not allow them access as the award has been served and if they disagree they should appeal it.
I have contacted the third surveyor and await a call back.
Do I have to allow access to the building owners quantity surveyor under the Party Wall Act 1996 after the award has been served.
If i do not allow access to the property does it go against me if the building owner appeals the award in court?.
This has implications for your property, yeah? Actual cash money implications, yeah? Ongoing neighbour relationship implications, perhaps? I think that you know what I am about to say next...
PS: I saw a really cool car the other day. It was a really cool car!
PPS: There are some genuine experts on this stuff here, and one or more of them may give you very good advice , BUT, even the best ever experts sometimes get things wrong, and also online experts rarely have the full facts before opining.
They might say: IAAS but IANYS.
PS: I saw a really cool car the other day. It was a really cool car!
PPS: There are some genuine experts on this stuff here, and one or more of them may give you very good advice , BUT, even the best ever experts sometimes get things wrong, and also online experts rarely have the full facts before opining.
They might say: IAAS but IANYS.
Edited by anonymous-user on Monday 21st October 14:23
bobtail4x4 said:
If the two surveyors dont agree, THEN you need a third,
if they have awarded they must agree.
ffs you are paying them, ask them.
The OP has asked two, and is now asking a third, but for some reason thinks that a bunch of people who may well be half term prep schoolkids posting on a car forum* will give him a clear steer.if they have awarded they must agree.
ffs you are paying them, ask them.
*That's me, that is.
s2bounce said:
A brief background to a long on going saga.
The 2 appointed surveyors have served an award under the Party Wall Act 1996 last week and given us 14 days to appeal the matter.
The building owner wants to appoint another surveyor to inspect my damage for reasons not advised to me.
I have contacted my surveyor who advised I should grant her access, I have spoken to another party wall surveyor who is of the same opinion as me that I should not allow them access as the award has been served and if they disagree they should appeal it.
I have contacted the third surveyor and await a call back.
Do I have to allow access to the building owners quantity surveyor under the Party Wall Act 1996 after the award has been served.
If i do not allow access to the property does it go against me if the building owner appeals the award in court?.
I deal with the party wall Act as my day job, but I'm not sure what particular issue you are trying to resolve, hence it's difficult to advise at the moment.The 2 appointed surveyors have served an award under the Party Wall Act 1996 last week and given us 14 days to appeal the matter.
The building owner wants to appoint another surveyor to inspect my damage for reasons not advised to me.
I have contacted my surveyor who advised I should grant her access, I have spoken to another party wall surveyor who is of the same opinion as me that I should not allow them access as the award has been served and if they disagree they should appeal it.
I have contacted the third surveyor and await a call back.
Do I have to allow access to the building owners quantity surveyor under the Party Wall Act 1996 after the award has been served.
If i do not allow access to the property does it go against me if the building owner appeals the award in court?.
Can you tell us what was agreed in the latest award?
Also, do you know what in the award the building owner is objecting to, and what they are looking to achieve?
If the two appointed Surveyors have agreed the award, then it seems that they are both in agreement, and there should be no need to involve the third surveyor.
What is the award awarding? Is it compensation for damage following the BO undertaking some work? If so then the two surveyors have agreed the issue and served a valid award. Assumption award is valid etc here. If the BO does not agree the Award then he should /could appeal it. Either party can refer a matter to the Third Surveyor but if the two surveyor agree then the award should be valid, assuming they have undertaken their duties correctly. If they haven’t then it is for the court to determine.
As to access what does the award say? Has access been awarded under clause 8? If all depends upon what the award is for and the OP does not say.
As to access what does the award say? Has access been awarded under clause 8? If all depends upon what the award is for and the OP does not say.
Most of my professional work now comprises Party Wall matters.
Many years ago I was a wedding DJ, decks long gone, no clipboard either.
For the surveyors to have jurisdiction there has to be a dispute, the correct sequence is you make a claim for loss or damage, the BO says ok or makes a counter offer, if you can’t reach a satisfactory compromise the surveyors should make a determination, produce an Award & serve it.
Both parties should be involved and if necessary any inspections to validate & value the claim made well before the Award.
BO’s only course of action is an appeal unless the Award is defective, if so it is unenforceable and the limit of the 14 day appeal period does not apply.
You could ring the Faculty of Party Wall Surveyors and someone on their helpline will give you advice.
Many years ago I was a wedding DJ, decks long gone, no clipboard either.
For the surveyors to have jurisdiction there has to be a dispute, the correct sequence is you make a claim for loss or damage, the BO says ok or makes a counter offer, if you can’t reach a satisfactory compromise the surveyors should make a determination, produce an Award & serve it.
Both parties should be involved and if necessary any inspections to validate & value the claim made well before the Award.
BO’s only course of action is an appeal unless the Award is defective, if so it is unenforceable and the limit of the 14 day appeal period does not apply.
You could ring the Faculty of Party Wall Surveyors and someone on their helpline will give you advice.
Edited by N111BJG on Monday 21st October 21:42
laterontoday said:
What is the award awarding? Is it compensation for damage following the BO undertaking some work? If so then the two surveyors have agreed the issue and served a valid award. Assumption award is valid etc here. If the BO does not agree the Award then he should /could appeal it. Either party can refer a matter to the Third Surveyor but if the two surveyor agree then the award should be valid, assuming they have undertaken their duties correctly. If they haven’t then it is for the court to determine.
As to access what does the award say? Has access been awarded under clause 8? If all depends upon what the award is for and the OP does not say.
The award was compensation for the damage caused to my property, my surveyor is suggesting I allow access before the appeal date comes to an end in a few days because if i refuse and the building owner appeals the award it will be held against me in court.As to access what does the award say? Has access been awarded under clause 8? If all depends upon what the award is for and the OP does not say.
The award makes no mention of allowing the building owner access to my property.
I queried why the building owner is asking for a quantity surveyor to inspect my property after the award was served and under what section of the party wall act do i have to give her access to my property for inspection and await a reply from my surveyor.
Breadvan72 said:
Go with the surveyor whose hard hat is the shiniest, and whose clipboard is the biggest. This is obvious.
All surveyors who post on this thread have to post pictures of their shiny helmets, and their clipboards. I am sorry, I do not make the rules.
Hmm no clipboard to hand but I do have a yellow probe..All surveyors who post on this thread have to post pictures of their shiny helmets, and their clipboards. I am sorry, I do not make the rules.
Haaaaaaaaaaaawwwwwwwwtttttttt!!!!!
OP, you have found your man.
PS: as for Tequila, bear in mind that I am five hours behind UK time, so at present it is barely the cocktail hour, and although today is a bank holiday here, I am still at work and have not touched a drop since Friday. Boo hiss. In other words, I never have to be drunk to post nonsense.
OP, you have found your man.
PS: as for Tequila, bear in mind that I am five hours behind UK time, so at present it is barely the cocktail hour, and although today is a bank holiday here, I am still at work and have not touched a drop since Friday. Boo hiss. In other words, I never have to be drunk to post nonsense.
s2bounce said:
The award was compensation for the damage caused to my property, my surveyor is suggesting I allow access before the appeal date comes to an end in a few days because if i refuse and the building owner appeals the award it will be held against me in court.
The award makes no mention of allowing the building owner access to my property.
I queried why the building owner is asking for a quantity surveyor to inspect my property after the award was served and under what section of the party wall act do i have to give her access to my property for inspection and await a reply from my surveyor.
This suggests to me that they want access to assess the repair cost rather than challenge the award.The award makes no mention of allowing the building owner access to my property.
I queried why the building owner is asking for a quantity surveyor to inspect my property after the award was served and under what section of the party wall act do i have to give her access to my property for inspection and await a reply from my surveyor.
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