PARTY WALL SURVEYOR
Lee Kyson MSc. (Construction Law & Dispute Resolution), MCIArb, MCIOB, AssocRICS is suitably qualified to carry out the duties required of a Party Wall Surveyor and is agreeable to being selected as a Third 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 carried out the works which come under the auspices of the Party Wall etc. Act 1996 and so has hands on experience of actually carrying out the works involved, rather than just looking at them.
You may be surprised to learn that you do not need any qualifications to be a Party Wall Surveyor, however if you appoint a surveyor, appoint someone who will look after your interests and not their own. Lee does not need to create a city presence by having a virtual office address, why hide behind a facade?
Lee was featured on the homepage of the Faculty of Party Wall Surveyors website in 2017, having had an article he wrote published in the quarterly newsletter.
Some articles written by Lee (click on the link)
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 Lee 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.
‘Acting on your behalf’ is somewhat of a misnomer. Irrespective of whether the Building Owner or Adjoining Owner has appointed him/her/them Party Wall Surveyors should be focusing impartially on the Act and not taking adversarial roles in the way solicitors do.
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.* for example How many Party Wall Surveyors are there at 86-90 Paul Street, London EC2A 4NE?
Lee has taken on some contentious matters and it is unfortunate that the opposing party will not be very happy when they finally realise 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):
Lee used to be a member of the FPWS with the status of ‘Fellow’, however, Lee does not agree with their principles in that inter alia as a member you can be found guilty of nearly doing something wrong and their Disciplinary Panel arrive at different decisions for different people. This is despite Mr Stuart Frame, formerly of Staple Inn Chambers, a barrister specialising in party wall matters heading up the Professional Standards (at the time of writing). Lee resigned his membership as he did not wish to be a member of an organisation that he felt is biased and driven by internal politics. The following links explain in more detail:
If you are an 'adjoining owner' under the 'Act' it is likely that 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.
*Lee recently had dealings with such a surveyor who made amendments to my draft Award, one of which was to remove a clause that was of benefit to his appointing owner, entered his fees of £1200 + VAT and then asked for a copy of the party wall notices and drawings, he was unavailable for over two weeks, refused to accept my schedule of Condition but insisted on carrying one out himself . Really? Lee served an ex parte Award. The notifiable works were approximately 6.00m of excavation and ~1.00m of wall at the line of junction; all in excess of 1.00m from the neighour whose bungalow had an extensive cellar.
Some considerations before sending a party wall notice yourself or responding to one you have received. If you are considering appointing a surveyor who has sent you unsolicited correspondence you should enquire as to what fees they are envisaging charging.
It is unfortunate that you come across surveyors who do believe that the process revolves around them. Lee believes the P&T operate double standards and will be adding some more information to the article very soon for example comments on
Graham North’s purported Third Surveyor’s Award, which I believe conflicts with the P&T guidelines and those as portrayed in the P&T Green Book 3rd ED (he was a member of the working party!) and his denial of trying to access my Googledrive using his private email account - the information came directly from Google!;
a surveyor who sought to use the Third Surveyor process to apply punitive measures.
Stuart Birrell ‘In recent years he has specialised in party wall and neighbourly matters and as Expert Witness in both contract and neighbourly disputes’. Expert witness - really? My experience was that I believe he could not understand some sections of the Act nor RICS guidelines.