Party Law surveyors - their role?

[Katy May]

Hi. The land next to my parents was sold to a developer who is buiding house immedialtey next to the boundary of their car port/house. A party wall surveyor from a local estate agents was appointed to sort out party wall issues, costs paid by the developer. The build has been fraught with problems; the work has taken longer than stated, my parents have been denied access to their garden and the developer has been extremely rude and on one occasion, verbally aggressive. On about three occasions my parents have called upon the surveyor to mediate but he has become less helpful on each occasion. The latest problem is that the plans show a fence to be built all the way along the boundary. The developer is now saying the fence will only reach part way along the boundary meaning a window will look directly into my parents' car port and front door. They contacted the surveyor who says his job is not to sort out these problems, that no agreements he has made (signed, sealed etc) are legally binding and bsically my elderly parents can put up and shut up. We have since found out his estate agency firm will be marketing the development when completed. So, after all that information - is he acting ethically and/or legally? We believed that he was supposed to be impartial and mediate for both parties. If not, who can we complain to? Thanks for any help, my mum and dad are increasingly stressed by this and it is affecting their health.

[themas]

1. Download this booklet - it contains a lot of information about the Party Wall Act
http://www.communities.gov.uk/pub/411/PartyWal letcAct1996explanatorybookletPDF597Kb_id113141 1.pdf

2. Unfortunately, so far as I can tell from the booklet, there seem to be no enforcement provisions to deal with the sort of thing that has happened to your parents.

3. The surveyor clearly has a conflict of interest and should never have agreed to act as the surveyor for the purposes of the Act. He is presumably a member of a professional body such as the Chartered Institute of Surveyors & these bodies normally have disciplinary procedures. Also the estate agents firm he works for may be a member of an estate agents body that has such procedures. You need to try to find out what the relevant bodies are. Then put in writing to the surveyor the precise complaints and ask for confirmation that the agreed award as set out in his documents will be implemented, including the whole of the fence. If the surveyor has a manager (such as the overall manager of the office) in the agents firm send this letter to him instead of the surveyor, wording it as a complaint about the suveyor. If this does not result in the necessary action, make complaints to the professional bodies.

4. As regards the fence, it might be that the planning application plans show the fence going the full length. Check the plans at the local council office & talk to the planning officer about the whole problem. If what is happening is contrary to the plaaning consent he should be able to help.

[Katy May]

Thanks Themas. I'll suggest they do all of this. Much appreciated as I live a fair distance away from them and can't sort it out at their end.