Where It's All Gone Wrong - The Party Wall etc. Act 1996 was conceived to enable a person to undertake work whist ensuring that neighbours receive necessary protection. The Act provides that a if a dispute arises a neighbour can engage a surveyor to resolve the dispute by an 'Award' and provides that the neighbour's costs are covered by the person undertaking the works. so far so good..
- Surveyors make money from resolving disputes by an Award. A neighbour receives the full protection of the Party Wall Act once a notice is served. There is no need to have an Award. An Award is useful if there are real concerns or if the works involve a significant risk of causing severe damage. An Award enables Party Wall Surveyors to check that the design has been properly undertaken by qualified persons, and normally includes a prior Schedule of Condition of the neighbouring property (to monitor for any damage).
- The Act provides that an Adjoining Owner's surveyor costs can be re-claimed. The effect of this is that the surveyors can charge pretty much what they like. Unlike all other professionals who tender for work in a competitive market an Adjoining Owner's Party Wall Surveyor can charge an inflated fee based on an inflated hourly rate and there is no effective recourse to challenge what is charged other than by reference to another party wall surveyor selected by the appointed surveyors.
- When an Award is made by two surveyors the bulk of the work is undertaken by the surveyor appointed by the person doing the work. That surveyor would normally have agreed a fixed fee as free market competition applies. The surveyor appointed by the neighbour just checks the documents and may requires some alterations. But the fee charged by surveyors appointed by an Adjoining Owner is normally very significantly higher.
- No qualifications are required to be a Party Wall Surveyor - Anyone can do it. It is obviously a good thing if one has a construction related qualification and an understanding of building construction but it is a simple job requiring for the most just some practical knowledge of building and a degree of common sense. Surveyors appointed by Adjoining Owners will commonly quote fee rates between £150 - £250 per hour, plus VAT and disbursements (some less than this but some even more).
- It's common for Adjoining Owner's Surveyors to declare themselves unable to consider common structural issues (such as basement construction) and to engage a structural engineer to advise them. These "Checking or Advising Engineers" fees are also re-claimed from the person doing the work in addition to the surveyors fee. This practice is common even when the structural design has been undertaken by a qualified engineer and is subject to Building Control approval.
- The professional organisations do not do enough to correct these issues. Some Party Wall Surveyors are members of the Royal Institution of Chartered Surveyors. The RICS sets down ethical & professional standards for it's members. Other surveyors are members of the Royal Institute of British Architects. The RIBA also has a Code of Professional Conduct.
- Unprofessional greed and exploitation is understandably alienating people. see link
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