UKH

Neighbours are going to do pretty extensive work. There is a party wall. Three options:

1. They've said they'd prefer to manage through a party wall agreement, backed by photos, rather than using surveyors.
2. If we go surveyor route, they'd rather use one to act for both.
3. They would be prepared (actually I think, legally, they have to be prepared to do this) tfor me to use my own surveyor (which they then cover costs on)

Some other considerations:
- They've been very upfront about the motivation being to minimise costs.
- They've newly moved in and I would like to retain goodwill. I may need to ask a similar favour etc. in future. I suspect #3 might be seen as obstructive/unhelpful.
- I don't yet know if the work is to be above ground or below. I suspect the former, but problems seem more likely if foundations get dug out.
- I've had mixed joy with surveyors actually spotting important things previously

Therefore minded to go for the agreement, but thought I'd ask if there are others who have used any of the three routes and what risks/pitfalls found?

Thanks

In reply to JJL:
I don't know what sort of surveyors you have used in the past, but party wall surveyors are generally a different breed to say your average mortgage company surveyor and a lot more professional and competent. Certainly option 3 is the best option to protect YOUR interests. Ask around locally for recommendations for good party wall surveyors or contact the RICS.

Option 2 would be a lot cheaper for your neighbour, so will help generate goodwill with them. The downside that it could cause problems in the event of a conflict of interests arising. If you take this route, have a joint preliminary meeting with your neighbour and the surveyor and ask him/her how they would deal with such an eventuality?

Option 1 Unless you have a sound understanding of the Party Wall Act/ building construction/services etc. I would suggest this is a risky route. It's a bit like acting for yourself in a court appearance. You know the old saying for that? "The person who acts for himself has a fool for a client"

As you say the Law firmly supports you if you chose option 3 and your neighbour bears the costs.

In reply to JJL:

It's possible to go too far with covering your own arse, and good relations with your neighbour are easily worth as much as any other protection. Legal bases need to be covered but you should hope never to use them - I did an extension in my semi recently and my neighbour was cool about it, all I did was write him a letter which he replied to. The key think if you want to cover everything in advance is to have a 'schedule of dilapidations' ('before' photos with a general agreement as to the condition of the property). Tap the plaster to see if there's a hollow sound, do stuff like that.

There's loads of stuff online about the Party Wall Act. Just read some of that.

In reply to JJL:

Why not take Option 2 but one you would have used if Option 3 taken?

If you do not know whether work above or below ground then maybe any agreement needs to wait until you are given much more detailed information.

You are spot on in wanting to maintain good relationship, neighbour disagreements never seem to get resolved and progressively worse (and potentially more expensive)

In reply to JJL:

Thanks all

I think I will go option 3 if they want to dig out a cellar; otherwise option 2.

Thanks again

In reply to JJL:

Keep good relations with your neighbours!

In reply to JJL:

Solid advice form Trangia's post.

Just be upfront with them, explain why, do all your best to communicate everything with them. Also write down and record everything just in case there is a dispute.It is always very difficult a year or so later to remember exactly what was agreed.

In reply to JJL:

It is very useful to send yourself an email, with a record of any meeting, conversation etc with the neighbour. That way it is 'date / time stamped' as a contemporaneous note of the meeting, very useful if there is a future problem.

In reply to JJL:

Can you see this? Lots of good information.
https://www.istructe.org/journal/volumes/volume-94-(2016)/issue-2/professio...

In reply to JJL:

I think your response depends entirely on the nature of the works. 'Extensive could mean anything!

Similarly, by party wall do you mean shared wall or shared boundary?

You only need to use a surveyor at all if you are in dispute, i.e. you don't want them to do the work or disagree with the extend of boundaries (walls are pretty difficult to argue with).

Of course if they damage your property and aren't willingly agreeing to foot the bill then you'll need one but, in advance of that, why waste the money?

In reply to MG:

Sadly a paywall