π Received a Party Wall Notice? Your Options Explained
Receiving a Party Wall Notice can be daunting, but it's an important opportunity for you to protect your property and your rights. You have a limited time to respond, and understanding your options is the first step.
β Consent to the Works
What it means: You agree that the building owner may proceed with the works.
Important consideration: While you can consent, it is highly recommended that you first secure a Schedule of Condition. This is a photographic and written record of your property's condition before the works begin. Without it, proving any damage caused by the works will be extremely difficult.
Your rights: Consenting does not mean you forfeit your rights. If a dispute over damage arises later, you can still appoint a surveyor at that time, but it is often a less straightforward process than having a schedule of condition in place from the start.
π€ Appoint an "Agreed Surveyor"
What it means: You concur in the appointment of a single surveyor to act impartially on behalf of both you and the building owner.
Important consideration: This is often a cost-effective option for both parties. The surveyorβs role is to act impartially, much like an arbitrator, not to act as an advocate for either side. This is a key distinction from the adversarial role of a lawyer.
π·ββοΈ Appoint Your Own Surveyor
What it means: You appoint your own surveyor to act solely on your behalf.
Important consideration: This ensures that you have an independent expert looking after your interests exclusively. It is important to note that even a surveyor appointed to act on your behalf has a statutory duty to act impartially towards both parties, rather than taking an adversarial position. The building owner is usually responsible for your surveyor's reasonable fees. It is wise to discuss the potential for any additional fees with your surveyor at the outset to ensure a clear understanding.
π§ Why Choose Me as Your Surveyor?
Practical Experience: Beyond the qualifications, I have a deep, practical understanding of the works to which the Act relates. I have personally carried out all types of notifiable works, giving me a unique insight into the process from the ground up.
Formal Qualifications: I hold a Master's degree in Construction Law & Dispute Resolution, and I am a Fellow of the Chartered Institute of Arbitrators (FCIArb), a Member of the Chartered Institute of Building (MCIOB), and an Associate of the Royal Institution of Chartered Surveyors (AssocRICS). These credentials provide you with the assurance of a highly qualified professional.
π Ready to Respond?
Navigating these options can be complex. For a clear, impartial discussion of your rights and the next steps, please get in touch for a no-obligation consultation.
Call me on: 07850330567
Email me at: lee@partywall.company β You can always attach drawings and I will provide a fee quote for you.
β οΈ Caveat
There are no qualification requirements to act as a Party Wall Surveyor! Lee has personally / physically carried out all the works to which the Act relates incurring the bruises and broken finger nails! He is also well qualified: MSc (Construction Law & DR), FCIArb, MCIOB, AssocRICS.