Award of Third Surveyor
Alan Bright FRICS FFPWS MCIArb
Under the provisions of
The Party Wall etc. Act 1996
BUILDING OWNERS: Redactedheo Woodford & Ling Chen 22
BUILDING OWNERS PROPERTY: Redacted
ADJOINING OWNER: Redacted
ADJOINING OWNER'S PROPERTY: Redacted
NOTICE UNDER PARTY WALL ETC. ACT 1996:
Served under Section 2 (2) [a] [f] [g] [h] [n] & Section 6 (1)
Date of notice 28 June 2024
BUILDING OWNERS APPOINTED SURVEYOR:
Daniel Theo Woodford & Ling Chen appointed Derek Compton of First for Party Wall Surveyors
Following a deemed incapable notification of the Surveyor Derek Compton the Adjoining Owner under Section 10 (5) of the Party Wall etc. Act 1996 appointed Lee Kyson of Lee Kyson Building Consultancy Ltd, 59 Derham Gardens, Upminster, Essex, RM14 3HB.
ADJOINING OWNER'S SURVEYOR:
Andrew Schofield FRICS of Schofield Surveyors Ltd, 81 Chancery Lane, London, WC2A 1DD. 24
PWA: 202521-PWA-THIRD SURVEYOR
DATE: 12.08.2025
THIRD SURVEYOR:
Mr Andrew Schofield & Mr Lee Kyson have selected Mr Alan Bright FRICS FFPWS MCIArb of Alan Bright Associates, 131E High Street, Brentwood, Essex, CM14 4RZ as Third Surveyor in accordance with Section 10 of the Act.
THE DIFFERENCE:
I have received a referral from Mr Andrew Schofield to the matter of disagreement between Mr Andrew Schofield, the appointed Adjoining Owner's Surveyor and Mr Lee Kyson, the Building Owners Surveyor appointed under Section 10 (5) of the Act as to the Adjoining Owner's costs (the Surveyors fees).
In addition, Mr Schofield seeks determination as to who shall pay the Third Surveyor's fees.
REJOINDER ON SUBMISSIONS TO THIRD SURVEYOR:
Rejoinder on the Adjoining Owner's submission is recorded as 9 August 2025.
Rejoinder on the Building Owners submission is recorded as 4 August 2025.
THE DECISION:
I AWARD that the Adjoining Owner's Surveyor's costs which the Building Owners shall pay the Surveyor on presentation of invoice be £2000.00 plus VAT with any disbursements to be submitted to the Building Owners Surveyor for agreement under Section 10 of the Act.
REASON:
1.0
1.1 Party Wall notices under Section 2 (2) [a], [f], [g], [h], [n] and Section 6 (1) dated 28 June 2024 have been served on behalf of the Building Owners Daniel Theo Woodford & Ling Chen on the Adjoining Owner Anne Lesley Hallows.
1.2 Andrew Schofield has been appointed Adjoining Owner's Surveyor by letter dated 9 July 2024 and has provided terms and conditions to his Appointed Owner with a schedule of rates for Directors; Surveyor/Architect; Graduate Surveyor; and Architectural Assistant.
1.3 As protocol required the two Surveyors discussed the selection of Third Surveyor. However, before any agreement had been reached Derek Compton by letter dated 14 July 2024 deemed himself incapable.
1.4 By e-mail dated 11 July 2024 Andrew Schofield advised Derek Compton that Stephen Parker of the Schofield practice would assist him in the matter, This person is a director of the practice not a junior.
1.5 The Building Owners all as Section 10 (5) of the Act replaced his appointed Building Owners Surveyor with Lee Kyson of Lee Kyson Building Consultancy Ltd.
1.6 Alan Bright of Alan Bright Associates is selected as Third Surveyor by e-mail dated 31 August 2024 by Andrew Schofield and Lee Kyson.
1.7 On commencement of works it was determined that the party wall is of inadequate thickness and, therefore, works ceased while matters were referred to the designers.
2.0
2.1 Timesheets would indicate the involvement of two practice partners Andrew Schofield at an hourly rate of £300.00 plus VAT and Stephen Parker at an hourly rate of £240.00 plus VAT.
2.2 Total time involvement from timesheets between 10 July 2024 to 23 May 2025 of Andrew Schofield is 6.25 hours at £300.00 per hour - £1875.00 plus VAT.
2.3 Total time involvement from timesheets between 10 July 2024 to 23 May 2025 of Stephen Parker is 7 hours at £240.00 per hour - £1680.00 plus VAT.
2.4 Total involvement of the appointed Adjoining Owners Surveyor and assistant 13.25 hours, gross sum £3555.00 plus VAT.
2.5 Additional time to be logged in for inspection/visit at end of works but not awarded indicated at £450.00 plus VAT.
3.0
3.1 Claim by Andrew Schofield that delay had occurred arising from the surveyor Derek Compton deeming himself incapable. Although a replacement was named within 7 days in accordance with the Act.
3.2 Claim by Andrew Schofield that delay had occurred arising from the time it took the design team to modify the scheme. Although no time was claimed on party wall matters.
3.3 Claim by Andrew Schofield that it took 11 months to agree an Award. although nothing is registered as being done by party wall surveyors.
3.4 Claim by Andrew Schofield that the involvement of Lee Kyson meant it was considered prudent that Andrew Schofield took over from Stephen Parker. Andrew Schofield is the appointed surveyor not Stephen Parker. In addition Stephen Parker is purported to only assist in non-professional matters but was delegated the position of appointed surveyor by Andrew Schofield not the owner.
4.0
4.1 Claim by Lee Kyson that the change of appointed Building Owners Surveyor Derek Compton immediately following the service of notice would not be a complication as the Act makes provision for such eventualities.
4.2 Claim by Lee Kyson that the notifiable works were part of a simple domestic project comprising a loft conversion, partial rebuilding of the rear extension, removal of the chimney breasts, and some internal alterations.
4.3 Claim by Lee Kyson is that the fees are excessive and duplicate for the period 10 July 2024 to 23 May 2025.
4.4 Claim by Lee Kyson that the terms and conditions of the Schofield practice may wish to charge their Appointing Owner is not binding on the Building Owners, even if a copy was sent to the Building Owners appointed Surveyor. The Act refers to reasonable fees.
4.5 Claim by Lee Kyson that under Section 10 (12) [c] of the Act the Surveyors may determine any other matter arisen out of or incidental to the dispute including the costs of making the Award referring to reasonable fees.
5.0
5.1 I am mindful at this point to consider the decision by HHJ Collins in Dust v Marioni Greenway & McNulty 20024 "The complaint is that he has made a 3-course banquet out of what should have been a snack".
5.2 In addition I am mindful of the decision in Amir Siddique v Kowaliw & Kowaliw 2018 with comment by HHJ Bailey "The standard practice of requiring the Building Owner to pay the fees of both his and of the Adjoining Owner's Party Wall Surveyor must be subject to two provisos. First the fees in question must be reasonable as Section 10 (13) of the Act. The Building Owner need not pay the Adjoining Owner's Surveyors fee where they are unreasonable in amount because for example the Surveyor has sought to charge too high an hourly rate, or has charged for unnecessary work, or has taken an unreasonable amount of time to do the work that he has done.
5.3 Lee Kyson by way of his rejoinder (legal principle on delegation by Party Wall Surveyors) has also brought to attention the decision Gyle-Thompson v Wall St (Properties) Ltd 1971 where statutory and quasi-judicial duties cannot be delegated unless expressly permitted by statute and supports the principle that Party Wall Surveyors must personally carry out their statutory role.
5.4 With regard to Stephen Parker it has been noted that he has acted as Adjoining Owner's Surveyor delegated that position by Andrew Scofield thereafter requesting amendments and adjustments to draft Awards and again, I am mindful of the case Barberini & Stancati v Weike (unreported) 2016 H H J Bailey in that a surveyor should not delegate his appointment to any other. He has been appointed by the party, and it is he alone that should undertake his statutory duty.
6.0 COSTS:
6.1 Section 10 of the Act outlines Surveyors duties and powers, and does not restrict them from having help with such things as site visits note taking and drafting documents, they, however, cannot make claim to be the appointed Surveyor or make pronouncements or decisions as coming from the appointed Surveyor's e-mail dated 4 March 2025 Stephen Parker to Lee Kyson.
"Hi Lee
I have now gone through the Award and added in my notes and some suggested inclusions.
Please see attached and do let me know if you have any questions.
Also, my Appointing Owners has indicated that she will require security for expenses to be held.
To what extent I do not know at the moment and I have asked her to put this in writing to the Building Owners and I shall forward this on to you once in receipt.
We can then see if owners are in dispute and if so we can deal with it in our Award".
6.2 I would concur with the Andrew Schofield rejoinder dated 4 August 2025, Item 10 "I would agree with Mr Kyson a simple domestic Award should take between 7 and 8 hours, but this requires several things: -
The design to be comprehensive and correct, it was not.
Matters to progress quickly and efficiently, it took over a year.
Surveyors sharing a collective and co-operative approach.
6.3 From Andrew Schofield rejoinder dated 4 August 2025, Item 7:-
It is my decision as to who in this practice undertakes a particular job. This requires me to review the information, discuss the matter with the Appointing Owner, examine staff availability and then brief the individual concerned. My colleague Stephen Parker was available it is entirely correct but after having met with me he should also familiarise himself with the information.
This is directly against the decision Barberini & Stancati v Weike above item 5.3
6.4 From Andrew Schofield rejoinder dated 4 August 2025, Item 7:-
This was the third/fourth draft of the Award, I did not like it then and I still don't, but interpretation of the Act (as I have already stated) is that the Building Owners appointed Surveyor has custody, therefore: -
(i) Provided the works are lawful.
(ii) The timing and manner in which it is proposed that they will be undertaken safeguards the Adjoining Owner.
(iii) Ensures that they will be carried out without causing unnecessary inconvenience, it is not the role of the Adjoining Owner's Appointing Owners appointed Surveyor to dictate to the Building Owners Surveyor the approach that the feels ought to be adopted.
The question, therefore, has to be asked why the appointed Adjoining Owner's Surveyor accepted all the alterations from his assistant unseen and unchallenged.
6.5 From Andrew Schofield rejoinder dated 4 August 2025, Item 11: -
"Had the Award been capable of being concluded within several hours then our fees would have been circa £2000.00 plus disbursements and VAT.”
6.6 From Andrew Schofield rejoinder dated 4 August 2025, Item 11: -
"I accept that our hourly rates are at the higher end of the scale. This reflects that my practice is based in Central London, and all my staff are experienced Chartered Building Surveyors".
6.7 From Andrew Schofield rejoinder dated 4 August 2025, Item 11: -
"Unfortunately, the involvement of Mr Kyson meant that it was considered appropriate that I take over from Mr Parker otherwise the hourly rate would have been lower. This was a decision driven by my practice not by the Adjoining Owner".
6.8 From Andrew Schofield rejoinder dated 4 August 2025 conclusion Mr Kyson's submission does not demonstrate that my line charge is disproportionate, duplicated, and inconsistent with a straightforward domestic matter just the opposite. A matter that could have been concluded within a few weeks ended up take over a year because: -
The initial design was poor.
The Building Owners original appointed Surveyor deemed himself incapable of acting.
The appointment of Mr Kyson by the Building Owners led to the need for me to become personally involved.
There was no communication between Owners.
The adversarial approach adopted by Mr Kyson.
With regard to the process Derek Compton took no part in any activity other than acting as an agent for the Building Owners to serve notices and, therefore, delay attributed to his action to deem himself incapable would be de minimus.
6.9 With regard to the Award Andrew Schofield only actively took part to take over the Award agreement at the end claimed in rejoinder dated 4 August 2025, Item 7
"This was the third/fourth draft of the Award. I did not like it then and still don't".
All drafts having been undertaken by his delegated Surveyor Stephen Parker.
6.10 It could be considered from this that the Stephen Parker input was less than satisfactory valued at nil. 98However, these have been costed along with similar hours for Andrew Scofield and I would consider this to be double accounting as highlighted in Lee Kyson's rejoinder, case Faulkner v Leyton (2001) HHJ Rich.
6.11 One from the rejoinder response have questions arising:-
(i) The Award is specific, has no further inspections awarded or scheduled, therefore, they cannot be included in any Award costs.
(ii) The appointed Adjoining Owner's Surveyor by virtue of court decisions cannot delegate his responsibility.
(iii) If the appointed Adjoining Owner's Surveyor now considers the Award is inadequate why was it agreed.
7.0 DIFFERENCE:-
I have, in addition been requested by Andrew Schofield to consider the costs of Surveyor's fees for the referral.
8.0 THE DECISION: -
I would direct the Adjoining Owner to be responsible for their appointed Surveyor's fees in this matter.
9.0 REASON:-
The Adjoining Owner has entered into agreement with Andrew Schofield on payment of fees, terms and condition.
10.0 THIRD SURVEYOR FEES: -
I AWARD that the Adjoining Owner shall be responsible for the cost of my fee (the Third Surveyor) at £1000.00 plus VAT - £1200.00 gross.
11.0 REASON:-
11.1 I have substantially agreed with the submission made by Lee Kyson on behalf of the Building Owners and it is, therefore, appropriate for the cost to follow the decision.
12.0 DELIVERY:-
12.1 A signed PDF copy of the Award is hereby served on each of the appointed Surveyors, each Surveyor to serve a copy of the Award on their Appointing Owners forthwith all as Section 10 (15) [b].
13.0 APPEAL:-
Under Section 10 (17) of the Party Wall etc. Act 1996 for 14 (fourteen) days from the service of this Award owners have the right to appeal the Award in the County court under Section 10 (17) of the Act.
IN WITNESS WHEREOF I have set my hand this
12th day of August 2025.
Signed.
A R BRIGHT THIRD SURVEYOR
