Neighbour's Party Wall surveyor has billed me... for nothing

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9 Apr 2014
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Here's the history...

I sent a Party Wall notice to my neighbour as I was planning on removing some timber structural walls and installing steel beams. They dissented and appointed a Party Wall surveyor, Jim. I soon received a letter from Jim explaining that he had been appointed to act for the neighbour.

A few weeks later I decided against the works in the notice and opted for cheaper construction methods. The new methods don't affect their party wall. I emailed their surveyor and told him to forget the notice. He then asked what my new plans were and I explained that the structural drawings were being worked on and that I would send once complete.

He chased me up via email a week later and they still weren't ready.

I am yet to finalise the drawings as there are two options that I can go with and both are being priced this week. Once complete I intend to send them to the neighbour for their info.


Today I have received a letter from Jim...

Further to our recent exchange of emails, I understand from you that there are no notifiable works now
due, as a result of the change to your plans.

I trust this will prove to be case, as my appointing owners took at face value your party structure notice
dated 26th March 2014, and dissented to the proposals appointing me as their surveyor.

My letter of appointment is dated 1st April 2014, following your notice dated 26th March 2014.

When I exchanged emails with you most recently, you stated that there were no notifiable works being
carried out, but on the 22nd April 2014 you identified for me that structural drawings and calculations were
due to be received.

I therefore requested from you the structural drawings and details identifying how the proposed works are
to be carried out without the works referred to in your party structure notice.

You neighbours wish to remain on good terms of course, but clearly having received the notice perceive
their premises may be at risk.

At present the time costs incurred as a result of your notice amount only to 2.2 hours, which at my hourly
rate equates to £370, plus VAT.

I will raise an invoice for this sum to bring my file up to date, but in the meantime do indeed look forward
to hearing from you with the structural designs and calculations in relation to your proposals, so that it can
be explained to your neighbours how your works are progressing without notifiable works being executed.

Please ensure that no notifiable works are executed up until such time as matters have been determined
properly in accordance with Section 10 of the above mentioned legislation.

Yours sincerely
 
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How can I get this guy off my back?

Note that there are no notifiable works being carried out on that side of my property.
 
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Clearly he would have spent some time on the issue - though whether or not 2.2 hours?
Offer him a smaller sum - he may be prepared to accept such rather than the hassle involved in pursuing you further.
 
But I didn't engage him to act on my behalf so how can I possibly owe him anything?
 
I wouldnt pay him a thing. Like you say, you didnt instruct him and have no contract, verbal or written stating his fees and you're liable for his costs.

Bill him for your time :LOL:
 
Thank goodness I live in Scotland and do not have to deal with all this sort of money making rubbish?

On a more shall we say constructive note suggest you Google "party wall costs" and see what turns up?

ken
 
I think you may have appointed him without knowing it. If the neighbour suggested this surveyor and you didn't disagree with the choice within a set period of time I think he is automatically appointed.

What I don't understand is why (£££) he thinks he has a role if you have withdrawn the notice. Your structural drawings are of no concern of his if the works aren't relevant to the PWA.
 
He doesn't say you are liable for the invoice, just that's what his invoice will be so far (to the neighbours). You have no contract for services with him.

If you are not affecting the party wall, cease all communications with him. Show your neighbours your new plans if you wish, but as said, you don't have to.
 
You are not giving full details.

Did you serve a party wall notice.Was it valid.Who is your party wall surveyor and did you get a reply from the neighbor.If they dissent as you say, you should have a letter from them appointing this so called Jim as their surveyor.

Confirm this and I can tell you exactly how to get this guy off your back forever.... :p :p
 
send him a bill for a similar amount with your own time expenditure.
 
marcofoo, hi again.

You probably have already Googled Party Wall Act? If not copy and paste this into your browser.

Party Wall etc Act 1996: guidance - Detailed ... - Gov.uk

It appears that this Jim is assuming he is acting as what is called in the act as a "joint Surveyor" as I understand the act Jim will then act for both parties?

It appears that the so called "Party Wall Surveyor" is only interested in the well being of the wall itself, OK sounds daft but Jim should be impartial and ensure that the wall that will be worked on retains its integrity during and following any work on the so called "Party Wall" or at least that is what I was told in those long boring interminable training sessions when a mixed group from Scotland and England had a group training event.

I believe that you will have had to agree, preferably in writing to the appointment of this Jim as the so called "Joint Surveyor" for all Jim knows you may have appointed your own Surveyor?

Other points, the appointment of a Surveyor is only needed in the event of a so called "Dispute" between the adjacent owners.

The appointment of a joint surveyor would logically require both neighbours to agreeing, preferably in writing, to said appointment.

Suggest you respond to the previous post by Bouba?

As per my previous post I am seriously glad I do not have all this money making froth to deal with up here.

Hope this assists?

Ken
 
does this jim send the same bill to the neighbours aswell then?thus getting paid twice.
 

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