Why Employing a Qualified Building Surveyor is Essential for Specific Defects Reports and Expert Witness Reports

October 3, 2024 By
Spray foam insulation installed to the underside of a pitched roof.

When property issues arise, such as defects or disputes over workmanship, employing a qualified building surveyor to undertake a specific defects report or an expert witness report can be a game-changer. Not only does it bring credibility and authority to a client’s case, but it can also prevent costly delays and disputes, saving both time and money.

At RMA Surveyors, we have seen first-hand the benefits that a professionally prepared report can bring to our clients. Our recent instructions to assess defective workmanship in a domestic extension and investigate a leaking conservatory roof demonstrate how expert insight can quickly resolve disputes in favour of our clients, often without the need for prolonged legal battles.

The Importance of Professional Expertise

Qualified Chartered Building Surveyors are governed by the Royal Institution of Chartered Surveyors (RICS), the leading body in the property and construction industry. This governing authority ensures that surveyors follow strict protocols, including established standards and ethical guidelines. A building surveyor’s report carries significant weight in legal and property-related matters because of their training, experience, and adherence to RICS protocols.

A report prepared by a RICS-qualified surveyor cannot be easily dismissed. To challenge it, an opposing party would need to present an equally qualified or more experienced surveyor, whose report would need to be of a comparable or higher standard. This high threshold makes it less likely that unqualified or inexperienced individuals can successfully dispute a professional report, significantly strengthening the client’s case.

How Expert Reports Prevent Arguments and Save Time

A defective lead flat roof.

In property disputes, a lack of clarity can often lead to drawn-out arguments, escalating costs, and wasted time. A well-prepared specific defects report can cut through the confusion and provide a clear, authoritative assessment of the issues at hand. Whether it’s defective workmanship, material failures, or general construction defects, the detailed analysis presented by a chartered surveyor can often prevent disagreements from spiralling into protracted legal battles.

A professional surveyor’s report will outline the problem, the potential cause, and the remedial actions required, offering a pathway towards resolution. In many cases, this report will lead to a swift settlement, as the detailed evidence provided makes it difficult for the other party to continue to dispute the claim without substantial evidence of their own.

For example, RMA Surveyors was recently instructed to investigate a leaking conservatory roof for a client facing ongoing water ingress issues. After a thorough inspection, we provided a comprehensive report that identified the defects in the roofing materials and the workmanship involved in the original construction. Armed with our report, the client was able to swiftly reach a settlement with the contractor, who could not dispute the clear evidence provided by an RICS-accredited professional.

In another recent instruction, we were asked to assess defective workmanship in a domestic extension, where issues such as poor brickwork and inadequate waterproofing were causing significant problems for the homeowner. Our report highlighted the specific failings in both the design and construction processes, giving the client a robust foundation to negotiate a settlement. The contractor in this case quickly agreed to rectification works, avoiding a potentially lengthy and costly court case.

Why Choose RMA Surveyors?

An aeriel view of a flat roof

RMA Surveyors is a team of fully qualified Chartered Building Surveyors with extensive experience in both specific defects reports and expert witness services. We are proud to provide clients with the highest standard of service, underpinned by our strict adherence to RICS standards.

Our expert reports bring the authority needed to support your case, whether it’s for a construction defect, poor workmanship, or any property-related dispute. Employing a professional surveyor not only gives you peace of mind but also places you in the best possible position to resolve your issues quickly and cost-effectively.

When disputes do arise, the professional standing of a chartered surveyor’s report can prevent unnecessary arguments, keeping the focus on solving the problem at hand rather than getting bogged down in drawn-out legal conflicts.

Key Benefits of a Chartered Building Surveyor’s Report:

  • Credibility and Authority: A professionally prepared report carries significant weight in any legal or dispute resolution process, making it harder for others to contest.
  • Adherence to RICS Protocols: Surveyors must comply with RICS protocols, ensuring accuracy, reliability, and professionalism.
  • Prevents Arguments: A well-prepared defects or expert witness report can clarify issues, preventing disagreements from escalating into legal disputes.
  • Saves Time and Money: By offering a clear, professional opinion, disputes can often be resolved more quickly, avoiding lengthy and costly court proceedings.
  • Legal and Industry Respect: In most cases, the only way to rebut a surveyor’s report is through a similar report from an equally or more qualified professional, setting a high bar for any opposition.

Conclusion

Instructing a qualified Chartered Building Surveyor to undertake a specific defects report or expert witness report is an investment in both the short and long-term outcomes of any property-related dispute. Not only does it lend weight and credibility to your case, but it also helps prevent arguments, save time, and significantly reduce the potential for costly legal proceedings. At RMA Surveyors, we are committed to providing our clients with the highest standards of professional service, helping you achieve swift and fair resolutions to your property issues.

To discuss how we can assist with your property-related needs, contact RMA Surveyors today. Let our professional expertise work to your advantage.

Filed Under: Building pathology, building survey, Building Surveying, Construction, Defects, diagnosing damp, Newbury, RMA Surveyors, Surveys, West Berkshire Tagged With: , , , , , , , , , , , , , , , , , , ,

Protect Your Finances: Dilapidations Surveyors Defend Tenants

September 25, 2024 By
A roof light on a commercial building that is warped.

If you’re a tenant nearing the end of your commercial lease, you may find yourself facing a schedule of dilapidations—a document detailing the repairs your landlord expects you to undertake to restore the property to its pre-lease condition. This can be daunting, particularly if the claim is overinflated or covers repairs that are beyond what you’re actually responsible for. Employing a dilapidations surveyor can be a valuable step to protect yourself from unnecessary costs and ensure your repair liability is fair.

How a Schedule of Condition Can Help Reduce Your Repair Liability

One of the most effective ways to limit your liability for dilapidations is to have a Schedule of Condition in place at the beginning of your lease. This document records the exact state of the property when you first take it on, including detailed descriptions and photographs of any existing damage or wear.

  • Why is this important? Without a Schedule of Condition, the landlord could claim for repairs that address wear and tear or damage that existed before you even moved in. A well-prepared Schedule of Condition, attached to the lease and referenced in the repair covenants, serves as evidence to limit your obligations to maintaining the property only in the state it was when you began your tenancy—rather than restoring it to an idealised condition.
  • A well-worded repair covenant that cites the Schedule of Condition is crucial. This ensures that your repair obligations are limited to what’s fair and reasonable, based on the property’s original condition. The lease should explicitly tie your responsibilities to the agreed Schedule of Condition, protecting you from claims that you restore or upgrade aspects of the property that were already in a poor state.

At RMA Surveyors, we regularly undertake Schedules of Condition for incoming tenants, providing a comprehensive benchmark of the property’s condition at the start of the lease. Our detailed reports, complete with photographs and descriptions, ensure that tenants have a clear record of the property’s state, helping to limit repair liabilities and protect against future dilapidation claims. This valuable document is a crucial tool for tenants looking to safeguard their interests throughout the lease term.

Why You Should Commission a Schedule of Condition at the Start of Your Lease

A Schedule of Condition is not just useful for avoiding dilapidations disputes at the end of your lease—it can provide peace of mind throughout your tenancy. Knowing exactly what condition the property was in when you moved in helps you manage repairs and maintenance more effectively during your lease, while ensuring you’re not held responsible for pre-existing damage.

Without a Schedule of Condition, you could find yourself in a position where the landlord holds you responsible for restoring the property to a condition it was never in to begin with, resulting in unnecessary costs. Commissioning this document at the start of your lease is a small investment that can save you thousands at the end.

If you’re a tenant facing a Schedule of Dilapidations, or just beginning a lease and thinking ahead, employing a dilapidations surveyor can provide you with expert guidance, limit your repair liabilities, and ensure that any claims made against you are fair and proportionate. By having a Schedule of Condition in place and negotiating repair obligations with the help of a professional, you can significantly reduce the potential costs and stresses associated with dilapidations at the end of your lease.

Understanding Overinflated Schedules of Dilapidations

Landlords often prepare Schedules of Dilapidations that are more expansive than what is reasonable, aiming to recover more than what is actually necessary to restore the property. It’s not uncommon for these schedules to include:

  • Unnecessary repairs or upgrades that go beyond basic maintenance.
  • Betterment, where the landlord expects the property to be returned in a better condition than it was at the start of the lease.
  • Over-inflated costs for repairs, often based on estimates from the landlord’s surveyor that may not reflect fair market rates.

The Benefits of Having a Dilapidations Surveyor on Your Side

Hiring an experienced dilapidations surveyor to negotiate on your behalf can significantly reduce the overall claim. Here’s how:

  1. Accurate Assessment: A surveyor will carefully review the Schedule of Dilapidations and compare it with the terms of your lease and the Schedule of Condition. They’ll assess whether the repairs claimed are reasonable, or if the landlord is seeking more than they are entitled to under the lease.
  2. Challenging Overinflated Claims: With expert knowledge, a dilapidations surveyor can push back against excessive or unwarranted claims, particularly those related to “betterment.” Their role is to ensure you only pay for repairs that are necessary to return the property to the condition it was in at the start of your lease—nothing more.
  3. Cost Reduction: Dilapidations surveyors have extensive experience in negotiating fair settlement costs. They understand market rates for repairs and can counter any inflated quotes presented by the landlord. In many cases, their expertise leads to substantial reductions in the final amount payable.
  4. Negotiating a Settlement: Rather than going through the stress and expense of completing all the repairs yourself, your surveyor may be able to negotiate a financial settlement where you pay an agreed amount to the landlord in lieu of carrying out the works. This can often result in cost savings and reduce the time pressure on you as a tenant.
  5. Avoiding Legal Disputes: A surveyor’s involvement early on can help avoid the need for costly and time-consuming legal disputes. They’ll ensure that negotiations are fair and that your interests are well-represented, potentially avoiding the need for litigation altogether.

At RMA Surveyors, our experienced team is here to help you navigate dilapidations and protect your interests, ensuring that you don’t pay more than you should. Contact us today for professional advice and support with your property needs.

Filed Under: building survey, Building Surveying, Contract administration, dilapidations, Dilapidations surveyors, Newbury, Schedules of condition Tagged With: , , , , , , , , , , , , , , , , , , , , ,

Successful Party Wall Surveyor Instruction in Stoke Newington

September 23, 2024 By
The rear elevation of terraced houses in London focusing on the party wall line.

At RMA Surveyors, we pride ourselves on offering professional, reliable, and expert Party Wall surveying services throughout London and the South East. One of our recent projects in Stoke Newington, London, highlights our commitment to ensuring smooth construction works while safeguarding the interests of all parties involved.

The instruction came from a property owner planning extensive refurbishments to their terraced building in Stoke Newington. The proposed works included the complete removal of internal walls and floors, installation of a new basement level, and the creation of a room in the roof. Given the significant structural changes, it was essential to adhere to the Party Wall etc. Act 1996 to protect both the building owner and the adjoining owners on either side.

Party Wall Matters: A Complex Instruction

The rear elevation of terraced houses in London focusing on the party wall line, with some new construction in the foreground.

Due to the nature and scale of the refurbishments, which involved significant structural alterations and excavations, the adjoining owners were understandably concerned about potential risks. One adjoining owner’s surveyor, in particular, raised concerns regarding the possibility of damage to their property. They insisted on a security for expenses, citing the potential risks to their property posed by the extensive works.

Security for expenses is a provision under the Party Wall Act, enabling an adjoining owner to request that funds are set aside to cover potential repair costs if any damage occurs as a result of the construction works. RMA Surveyors, acting on behalf of the building owner, approached these concerns with professionalism and diligence. Our primary objective was to safeguard our appointing owner’s project while ensuring the rightful concerns of the adjoining owners were addressed to avoid disputes.

Negotiating the Party Wall Awards

At RMA Surveyors, we understand that clear communication is key when it comes to Party Wall matters. Our team worked closely with the surveyors acting for the adjoining owners and the parties themselves. Through careful negotiation and expert advice, we were able to agree on fair and reasonable terms for the Party Wall awards.

The security for expenses requested by the adjoining owner’s surveyor was negotiated and set in place. This provided reassurance to the adjoining owners that any risks were being properly mitigated. At the same time, we ensured that the terms of the award did not impose unnecessary delays or costs to our client’s project.

Schedules of Condition and Monitoring

As part of our role, RMA Surveyors also undertook comprehensive Schedules of Condition for the adjoining properties. This is an essential step in any Party Wall project, providing a clear record of the state of the adjoining buildings before the commencement of works. Should any issues arise, this document provides crucial evidence of any pre-existing conditions versus potential new damage caused by the works.

We also maintained ongoing communication with all parties throughout the project to ensure that the works complied with the terms of the Party Wall award and that any concerns were swiftly addressed.

A Successful Outcome

The front elevation of terraced houses in London focusing on the party wall line.

The extensive refurbishment, including the basement excavation and roof extension, was completed successfully, in accordance with the Party Wall awards, without any damage occurring to the adjoining properties. The project demonstrated the importance of early and effective engagement with Party Wall surveyors when planning major construction works, particularly in densely populated areas like Stoke Newington.

At RMA Surveyors, we are proud to have facilitated the smooth progress of this project, ensuring that all parties involved were protected and that the works were completed without incident.

Expert Party Wall Services Across London and the South East

RMA Surveyors offers specialist Party Wall surveying services across London and the South East. Whether you’re a building owner planning major works or an adjoining owner concerned about potential impacts on your property, our experienced team is on hand to guide you through the Party Wall process and ensure a fair and balanced outcome for all parties.

If you’re planning a project or need expert Party Wall advice, don’t hesitate to contact RMA Surveyors today. We’re here to help.

Filed Under: building survey, Building Surveying, Construction, Defects, Party Wall, Party Wall Awards, party wall surveyors london, Residential, RICS, RMA Surveyors, Surveys Tagged With: , , , , , , , , , , , , , , ,

Successful Contract Administration of Luxury London Apartments

September 20, 2024 By
Luxury terraced town houses in London with full scaffolding

RMA Surveyors recently acted as Contract Administrators for a successful two-phase project involving exterior redecoration and reroofing works at a luxury apartment block in London, with a contract value of approximately £500,000. The project, divided into two phases—Phase 1 covering the rear of the building and Phase 2 focusing on the front—was completed on time and within budget. This case demonstrates our expertise in managing complex projects and ensuring high-quality results.

The first phase of the project involved exterior redecoration and reroofing works on the rear elevation of the building. The works included repairs to surfaces, followed by the application of high-quality exterior finishes to restore the appearance of the rear façade. Additionally, the roof at the rear of the building was completely replaced using premium roofing materials, chosen for both durability and aesthetics.

Managing this phase required close coordination with the contractor to ensure that the work was carried out efficiently, with minimal disruption to residents. As Contract Administrators, we took the lead in ensuring that the materials used met the required standards and that workmanship was of the highest quality. Site inspections were carried out regularly, and while there were minor challenges in ensuring the contractor maintained consistent quality, we worked diplomatically to resolve these issues, ensuring the project remained on track.

The second phase of the project involved similar exterior redecoration and reroofing works on the front elevation of the building. This phase was even more critical due to the building’s prominent location and the need to maintain its luxury appearance.

The front elevation required meticulous attention to detail to preserve the high-end aesthetic of the property. Premium finishes and paints were used to ensure long-lasting protection and visual appeal, while the reroofing works on the front required the same level of precision and care as Phase 1. Our role was essential in ensuring that the contractor delivered the same level of quality throughout this phase, despite increased visibility and heightened expectations.

Managing Challenges and Ensuring Success

As with many construction projects, this contract presented its own set of challenges, particularly around maintaining consistent contractor performance and quality across both phases. Our role as Contract Administrators was crucial in managing these issues. Regular site visits and ongoing communication with the contractor allowed us to address any concerns about workmanship and ensure the work was completed to the required standard.

Our proactive and diplomatic approach helped guide the project to a successful conclusion. The combination of our technical oversight and effective management ensured the building was restored to its full potential, both at the rear and front elevations.

Staying Within Budget and Minimising Client Stress

Despite the complexities involved in managing a two-phase project, RMA Surveyors ensured that the entire contract was completed within the original budget. By acting as Contract Administrators, we took on the technical and logistical burdens, allowing the client to focus on their core activities without being drawn into the day-to-day management of the works.

Our oversight ensured that any potential issues were dealt with swiftly and that all works were completed to the highest standard, giving the client peace of mind throughout the process.

Why Choose RMA Surveyors for Contract Administration?

This project highlights the value of appointing a Contract Administrator for complex works. By managing both the contractor and the technical aspects of the project, RMA Surveyors ensured that the works progressed smoothly, stayed within budget, and delivered the high-quality finish expected of a luxury property.

If you’re planning renovation or re-roofing works and want to ensure that your project is managed efficiently and stress-free, contact RMA Surveyors today.

Filed Under: Building Surveying, Construction, Contract administration, Health and Safety, RICS, RMA Surveyors Tagged With: , , , , , , , , ,

RMA Surveyors Contract Administration in Berkshire and Oxfordshire

September 17, 2024 By
A block of flats RMA Surveyors undertook contract administration services for.

Managing building projects for residential blocks or leasehold properties requires expertise and a steady hand. For those in Berkshire and Oxfordshire, RMA Surveyors Ltd offers professional Contract Administration services, ensuring that your property projects—from major refurbishments to minor works—are managed efficiently and effectively. With over 19 years of industry experience, RMA Surveyors is a trusted name in these regions, working alongside managing agents, leaseholder management companies, and freeholders to deliver exceptional outcomes.

Why Contract Administration Is Essential

Contract administration involves the management of a construction project from start to finish, ensuring that the agreed work is carried out to the right standard, on time, and within budget. For managing agents and leaseholder management companies, having a reliable contract administrator means less stress, fewer delays, and smoother coordination between contractors, tenants, and property owners.

RMA Surveyors Ltd excels in contract administration, offering comprehensive services that include managing tenders, overseeing contractor performance, and ensuring compliance with legal and safety regulations. This attention to detail is particularly important for residential properties in Berkshire and Oxfordshire, where diverse building types and strict local regulations often require tailored solutions.

Serving Managing Agents Across Berkshire and Oxfordshire

Managing agents working in Berkshire and Oxfordshire face unique challenges when handling residential blocks, where clear communication between contractors, leaseholders, and freeholders is key. RMA Surveyors Ltd understands the intricacies of managing large, complex properties and works closely with managing agents to ensure all parties are kept informed and projects proceed smoothly.

Whether you’re overseeing the refurbishment of a block of flats in Reading, performing structural repairs in Newbury, or extending a residential building in Oxford, RMA Surveyors provides the expertise and local knowledge needed to keep your project on track. We specialize in contract administration for residential projects, ensuring minimal disruption to residents while keeping costs and timelines under control.

Expertise with Leaseholder Management Companies

For leaseholder management companies in Berkshire and Oxfordshire, RMA Surveyors Ltd offers extensive experience in managing building works on behalf of leaseholders. From managing major works in Wokingham to handling routine maintenance in Didcot, our contract administration services are designed to take the burden off leaseholder committees.

We understand the pressures faced by leaseholder management companies, including the need to secure approvals from multiple parties and maintain compliance with strict building standards. Our team takes care of everything, from tendering and negotiating contracts to ensuring that the work is completed to the highest standards. Our expertise ensures transparency at every step, giving leaseholders confidence that their properties are in safe hands.

Proven Experience Across Berkshire and Oxfordshire

RMA Surveyors Ltd has a solid track record of delivering successful projects across West Berkshire and Oxfordshire, including listed buildings, modern developments, and everything in between. Our experience covers a wide range of property types and we understand the local planning regulations, construction standards, and unique challenges associated with building works in these areas.

As RICS-registered Chartered Surveyors, RMA Surveyors adheres to the highest professional standards, ensuring that every project is completed in line with best practices. This dedication to quality is why managing agents and leaseholder management companies across Abingdon, Thatcham, and other parts of Berkshire and Oxfordshire trust us to oversee their contract administration needs.

Contact RMA Surveyors for Expert Contract Administration

If you’re a managing agent or leaseholder management company in Berkshire or Oxfordshire, RMA Surveyors Ltd offers the experience, technical expertise, and local knowledge you need to ensure the success of your next project. Whether it’s managing the refurbishment of a block of flats or overseeing a major construction project, we are here to help. Contact us today to discuss how we can assist you in delivering outstanding results.

Filed Under: Construction, Contract administration, Economic, Project Management, RICS, RMA Surveyors Tagged With: , , , , , , , , ,

RMA Surveyors Ltd head for new horizons

July 4, 2022 By
Sunrise at Stonehenge

RMA Surveyors Ltd are pleased to announce that, with immediate effect, they will no longer be provided residential building surveys and RICS Homebuyer reports. Richard Mountain, Director, said:

“Our focus in recent months has moved away from the residential pre-purchase sector to focus more on our core expertise of dilapidations surveyor services, party wall surveyor services, project management and contract administration.”

“We have recently found our resources better devoted to our key sectors. Insurance reinstatement projects have really advanced, increasing capacity in this area has drawn our focus onto where our key strengths lie. The market potential is generally positive away from the residential market.”

Richard added, “The key focus for RMA is to streamline their services, ensuring strong potential in a more specialised market. “

Filed Under: building survey, Building Surveying, Defects, diagnosing damp, Newbury, RICS, RMA Surveyors, Surveys Tagged With: , , , , , , ,

Party Wall Advice from experienced Surveyors

April 2, 2019 By

If you’re looking for Party Wall advice, contact RMA Surveyors, Newbury, Berkshire. You can be sure of professional advice from experienced chartered surveyors.

Providing party wall surveying and advice in compliance with The Party Wall Act 1996, RMA Surveyors act on behalf of building owners and adjoining owners, as well as agreed surveyors for both parties.

RICS Party Wall Advice

For Party Wall Advice, contact RMA Surveyors on 01635 579208, we can offer expert guidance on all party wall matters.

Filed Under: Building Surveying, Newbury, Party Wall, Party Wall Awards, Residential, RMA Surveyors, West Berkshire Tagged With: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

What is a Party Wall?

November 20, 2018 By

What is a party wall?What is a party wall?

This is a question RMA Surveyors, Newbury, are often asked to clarify, during an initial party wall enquiry.  The extract below is taken from the Department for Communities and Local Government Party Wall etc. Act 1996 explanatory booklet and explains what the Act defines as a party wall.

RMA Surveyors are experienced and professional Party Wall Surveyors. We act on behalf of building owners and adjoining owners, as well as agreed surveyors for both parties. If you’re looking for Party Wall advice, call RMA Surveyors on 01635 579 208. We are members of the Royal Institute of Chartered Surveyors (RICS).

The following extract and diagrams are highlighted in the Explanatory Booklet:

What is a party wall?

The Party Wall etc. Act 1996 recognises two main types of party wall.

Party wall type A

A wall is a “party wall” if it stands astride the boundary of land belonging to two (or more) different owners.

Such a wall:

  • is part of one building (see diagram 1),
  • or separates two (or more) buildings (see diagram 2),
  • or consists of a “party fence wall” (see diagram 3).

A wall is a “party fence wall” if it is not part of a building, and stands astride the boundary line between lands of different owners and is used to separate those lands (for example a masonry garden wall). This does not include such things as wooden fences or hedges.

Party wall type B 

A wall is also a “party wall” if it stands wholly on one owner’s land, but is used by two (or more) owners to separate their buildings (see diagram 4).

An example would be where one person has built the wall in the first place, and another has built their building up against it without constructing their own wall.

Only the part of the wall that does the separating is “party” – sections on either side or above are not “party”.

The Act also uses the expression “party structure“. This is a wider term, which could be a wall or floor partition or other structure separating buildings or parts of buildings approached by separate staircases or entrances for example flats (see diagram 5).

Walls that are not Party Walls:

These may include boundary walls (a fence wall/garden wall built wholly on one owner’s land) and external walls (the wall of a building built up to but not astride the boundary).

Diagram 1:

What is a party wall PW Diagram 1

Diagram 2:

What is a party wall PW Diagram 2

Diagram 3:

What is a party wall PW Diagram 3

Diagram 4:

What is a party wall PW Diagram 4

Diagram 5:

What is a party wall PW Diagram 5

Filed Under: Building Surveying, Construction, Newbury, Party Wall, Party Wall Awards, Residential, RICS, RMA Surveyors Tagged With: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Does the Party Wall etc. Act 1996 affect me?

October 17, 2018 By

If you’re unsure if the Party Wall etc. Act 1996 affects you, here’s some advice from the Faculty of Party Wall Surveyors.

DO YOU INTEND TO CARRY OUT WORK WHICH INVOLVES:

● Work on an existing wall, ceiling or floor structure shared with another property?

● Building on or at the boundary with another property?

● Excavating near a neighbouring building or structure?

If so you must find out whether the work falls within the scope of the Act. If it does you must serve the statutory notice on all those defined in the Act as ‘adjoining owners’.

Determining if a particular building project is within the scope of the Party Wall etc. Act 1996 is often more complex than simply checking the general criteria stated above. Failure to correctly identify the status of your project could result in the building works being unlawful. If you are in any doubt you should always seek professional advice.

RMA Surveyors are experienced and professional Party Wall Surveyors. We act on behalf of building owners and adjoining owners, as well as agreed surveyors for both parties.

If you’re in need of a Party Wall Surveyor, contact us on 01635 579 208. We are members of Royal Institute of Chartered Surveyors (RICS).

Filed Under: Building Surveying, Newbury, Party Wall, Party Wall Awards, Residential, RICS, RMA Surveyors, Surveys, West Berkshire Tagged With: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Role of a Party Wall Surveyor

October 1, 2018 By

Role of a Party Wall SurveyorThe Role of a Party Wall Surveyor

Any surveyor appointed under section 10 of the Party Wall etc. Act 1996 is undertaking a statutory role. The appointed surveyor should seek to conclude an award that fairly sets out the rights and obligations of both owners, ensuring that the work specified in the award is permissible under the Act. The award should enable the building owner to carry out the work without causing unnecessary inconvenience to adjoining owners or occupiers. An award regulates the way in which the works are to be conducted, as well as dealing with any other related incidental matters such as costs and compensation.

The award is a legally binding document. Once an award has been produced, the surveyor may choose to inspect the works during their course to see they are being properly carried out, and/or at their completion check for any damage to the adjoining owner’s property.

The surveyors prepare the award, which is a legal document between the two owners.  The surveyors normally meet at the property and prepare a schedule of condition (although not a requirement of the Act).  The schedule of condition assists all parties as any damage that may be caused can be checked against it and compensation awarded if required.

A party wall surveyor’s remit is strictly limited to those matters governed by the Act. Consequently, the primary duty in the role of a party wall surveyor is to ensure that the Act’s requirements are administered properly, efficiently and fairly.

Appointment as an ‘Agreed Surveyor’                        

The two owners may expressly concur in the appointment of an ‘agreed surveyor’. This surveyor must act impartially and work towards concluding an award that is fair to both owners, regardless of which owner made the initial appointment, or if one owner is an established client. The agreed surveyor must conclude an award that sets out the rights and duties of both parties and the works to be carried out.

Who can act in the role of a Party Wall Surveyor?

The term “surveyor” is defined in the Act as any person who is not a party to the works.

It is clearly advantageous to appoint a person with the requisite technical skills and experience of administering the legislation.

The person chosen to negotiate the party wall agreement (award) should be knowledgeable about construction and be well versed in party wall procedures. Ideally, they should be registered with a regulating body within the industry, such as the Faculty of Party Wall Surveyors.

RMA Surveyors are experienced and professional Party Wall Surveyors. We act on behalf of building owners and adjoining owners, as well as agreed surveyors for both parties. If you’re in need of a Party Wall Surveyor, contact us on 01635 579 208. We are members of Royal Institute of Chartered Surveyors (RICS).

Filed Under: Building Surveying, Party Wall, Party Wall Awards, Residential, RICS, RMA Surveyors, West Berkshire Tagged With: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,