PARTY WALL SURVEYOR
Lee Kyson is a Party Wall Surveyor, strategically based in Upminster - virtually on the M25, he is ideally situated to supply Party Wall services throughout Greater London and the Home Counties. Having worked in the construction industry for over 35 years Lee has often carried out the works which come under the auspices of the Party Wall etc. Act 1996 and so has first-hand experience of actually carrying out the works involved, rather than just looking at them.
Lee was recently featured on the homepage of the Faculty of Party Wall Surveyors website, having had an article he wrote published in the quarterly newsletter.
Party Wall etc Act 1996
If you are about to, or intend to carry out work to your property, there are certain works which fall under the Act, you have a Statutory Duty to serve notice on the adjoining owners. If you are uncertain of your current situation or your obligations with regards to the Party Wall etc. Act 1996 please feel free to contact me.
Please feel free to contact me if :
• You have just been served a ‘Notice’.
• A neighbour has, or is about to start work and has not served a ‘Notice’ when you feel one ought to have been served.
Working on your behalf as Party Wall Surveyor Lee can:
• Serve Party Wall Notices.
• Undertake a Schedule of Conditions.
• Agree and serve Party Wall Awards.
Act on your behalf if the Building Owner refuses to engage the Act.
If you are considering appointing a party wall surveyor from a website check that their credentials are genuine. Ask yourself 'if there is only a phone number -why?' why haven't they put up their full details and been open about who they are? Have you received unsolicited mail from party wall surveyors? ask yourself why are they writing to you.
I have taken on some contentious matters and it is unfortunate that the opposing party will not be very happy when they find that they eventually have to comply. The unfortunate side effect is that some file complaints.
You can check my details by searching my name in any of the organisations (clicking on the link will take you to the respective organisation):
Faculty of Party Wall Surveyors as a member you can be found guilty of nearly doing something wrong.
It is unfortunate that the FPWS upheld Mr Turner’s complaint against me, I will elaborate on this in due course but I feel the decision supports the actions of Mr Turner in their entirety despite the fact they have misunderstood some matters entirely. One example being is that they found the Notice was wrongly written in that it commenced [names removed] ‘I, Mr Company Director on behalf of My Limited Company, hereby serve you notice…’ bearing in mind corporate bodies are an entity, which is perhaps why section 16(1)c requires that you serve it on the company secretary, taking this into account then it must be reciprocal in that a person of significant control must serve the notice. Despite being an owner a corporate body is an entity unable to fulfill functions on its own because it is intangible. Apparently insisting on clauses (one example) such as (a) Ensure that cutting into or away from the party wall shall be carried out in a careful controlled manner using non-percussive hand tools. I suppose one has to ‘scrape away’ from the party wall caveman style however, according to the FPWS disciplinary panel this is acting effectively. I can appeal but if mistakes are made at the very top then what can you expect from an appeal?
Earlier this year I resigned my position as a committee member from the North London Forum due to my dissatisfaction with some elements of the Faculty, this was not dissatisfaction with the NLF branch, I hasten to add!, but with some other matters regarding the Faculty and I was going to resign my membership but was persuaded to renew it. I now realise it was an erroneous decision.
Irrespective of whether you have served a request the P&T view is that you must serve a 10 day notice under ‘clauses’ 10(6) and 10(7) before you proceed ex parte and inform the other surveyor of your actions. This is the information imparted to me by Mr Stuart Birrell & Ms Shirley Waldron on behalf of P&T. I disagreed with this and as such…You will no longer be able to find my details on the P&T website.
I did what I thought was right for my Appointing Owner. He was going to lose his builder, I served an ex parte Award. The adjoining owner’s surveyor complained to P&T but did not complain about the content of the Award! I was summoned to an interview whereby I refused to state that I would not do the same again. P&T subsequently informed me that renewal of my membership would not be offered to my at the end of the current period. I still stand by my actions and will work diligently on behalf of my appointing owners, whether they are the building or the adjoining owner; I do not succumb to misguided demands from organisations. I will elaborate further on the following links;-
section 10(6) + (7) Lee Kyson’s view - is a work in progress.
promoting excellence still under construction - password
If you are an 'adjoining owner' under the 'Act' it is likely you will have been inundated with unsolicited letters from 'Party Wall Surveyors', these surveyors will have got your details from the fact that your neighbour proposes to carry out building works and has submitted a planning application making their details and proposals available from the planning portal . The purpose being that you will appoint them to act on your behalf, they may tell you that the building owner, the one proposing to carry out the works, will pay their fees. Often these fees are extortionate in relation to the work done and you may find that neighbourly relationships may disintegrate as a result. However you may also find that you are apportioned some of their fees, as the act states 'reasonable fees' and their T & Cs may state that you pay any shortfall in their fees. I often question the necessity of two surveyors carrying out a schedule of condition for relatively simple works, this places an unnecessary cost on the Building Owner which if an Adjoining Owner's surveyor insists on attending then I may seek to apportion costs to the Adjoining Owner.
Some considerations before sending a party wall notice yourself or responding to one you have received.