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

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.

Party Wall Advice from experienced Surveyors

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.

What is a Party Wall?

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

Does the Party Wall etc. Act 1996 affect me?

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).

Role of a Party Wall Surveyor

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).

RMA Surveyors – Party Wall Surveyors

Experienced Party Wall SurveyorsRMA Surveyors in Newbury, Berkshire are experienced Party Wall Surveyors. Providing professional advice on what can seem a daunting and complicated matter.

We offer party wall surveying and advice in compliance with The Party Wall Act 1996.

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, get in touch on 01635 579 208.

For further information on the Party Wall etc. Act 1996, take a look at the RICS Consumer Guide: Party Walls.

Types of Party Wall Notice

There are three types of Party Wall Notice that a building owner may have to serve on an adjoining owner when undertaking works that fall within the scope of the Party Wall etc. Act 1996.

The Party Wall Act covers:

– new building on or at the boundary of 2 properties

– work to an existing party wall or party structure

– excavation near to and below the foundation level of neighbouring buildings

This may, for example, include:

  • building a new wall on or at the boundary of 2 properties
  • cutting into a party wall
  • making a party wall taller, shorter or deeper
  • removing chimney breasts from a party wall
  • knocking down and rebuilding a party wall
  • digging below the foundation level of a neighbour’s property

Remember, the main types of party walls are:

  • a wall that stands on the lands of 2 (or more) owners and forms part of a building – this wall can be part of one building only or separate buildings belonging to different owners
  • a wall that stands on the lands of 2 owners but does not form part of a building, such as a garden wall but not including timber fences
  • a wall that is on one owner’s land but is used by 2 (or more) owners to separate their buildings

The Act also uses the expression ‘party structure’. This could be a wall or floor partition or other structure separating buildings or parts of buildings in different ownership, such as in flats.

For further information, view the Government Guidance.

Which Party Wall Notice should be used?

Party Structure Notice

  • A party structure notice, under section 3 of the Party Wall etc. Act 1996, describes the intention to exercise rights, conferred under section 2, to undertake certain works to a party structure and certain limited works to an adjoining owner’s independent building (minimum notice period is two months). The required notices must be served on all adjoining owners with an interest in the relevant structures or land.

Notice of Adjacent Excavation

  • Notices of Adjacent Excavation are concerned with works notifiable under section 6 of the Act. The provisions of section 6 of the Party Wall etc. Act 1996 (the Act) are designed to try to avoid the careless destabilising of the foundations to buildings and structures that are in close proximity to a development site. If works will involve excavation of any type (whether or not for foundations), and that excavation falls within certain dimensional parameters in relation to an adjoining building or structure, then notices must be served.

Line of Junction Notice

  • A line of junction notice describes the intention to construct a wall either astride or abutting a boundary, which is not presently built upon, or is built upon only to the extent of a simple boundary wall wholly on one party’s land. (Minimum notice period is one month).

For more information on Party Wall Notices view the RICS Guide to Party Walls.

If you believe you need to serve a Party Wall Notice or you are in receipt of one, call RMA Surveyors for professional advice. 

RMA Surveyors are experienced Party Wall surveyors providing Party Wall surveying and advice in compliance with the Party Wall etc. Act 1996.  We act on behalf of building owners and adjoining owners, as well as agreed surveyors for both parties.

Contact RMA Surveyors in Newbury, Berkshire on 01635 579208.

 

Government Guidance on Party Walls

Government Guidance on Party WallsGovernment Guidance on Party Walls

Information on carrying out building work under the Party Wall etc. Act 1996, or what to do if your neighbour tells you they’re about to carry out work can be found on the Gov.uk website.

The Act and Party Wall process can appear complex and daunting, as such the government has provided guidance on preventing and resolving disputes in relation to party walls.

Visit https://www.gov.uk/guidance/party-wall-etc-act-1996-guidance to read it in full.

If you’re in need of professional advice, contact RMA Surveyors in Newbury, Berkshire on 01635 579208. Proud members of the Royal Institution of Chartered Surveyors. RMA Surveyors are experienced Party Wall surveyors that provide Party Wall surveying and advice in compliance with the Party Wall etc. Act 1996.  RMA Surveyors act on behalf of building owners and adjoining owners, as well as agreed surveyors for both parties.

RICS Guide to Party Walls

The Royal Institution of Chartered Surveyors (RICS) have produced a clear and impartial guide to Party Walls.

To view the RICS Guide to Party Walls, click here: https://www.ricsfirms.com/media/1190/rics-consumer-guide-party-walls.pdf RICS Guide to Party Walls

If you’re in need of professional advice, contact Chartered Surveyors, RMA Surveyors Ltd in Newbury, Berkshire, on 01635 579208.

RMA Surveyors can assist in your understanding of the Party Wall etc. Act 1996 and the notice requirements. 

Party Wall notices are required where a property owner (The Building Owner) is planning works that are likely to affect a neighbouring owner’s (The Adjoining Owner) property.

RMA Surveyors have served numerous Party Wall notices on behalf of those undertaking works notifiable under the Party Wall Act etc. 1996We act on behalf of building owners and adjoining owners, as well as agreed surveyors for both parties.

RMA Surveyors are experienced party wall surveyors and members of the RICS. 

Experienced Party Wall Surveyors

Experienced Party Wall SurveyorsExperienced Party Wall Surveyors, RMA Surveyors in Newbury, Berkshire provide expert advice on the Party Wall process, as one client recently gave testimonial to:

We appointed Richard Mountain of RMA Surveyors to act on our behalf, as our neighbours had commenced work excavating right next to our house, without serving a party wall agreement.  Richard’s knowledge and expertise helped resolve the issue and allowed our neighbours build to continue whilst protecting our property, which was our biggest concern.  Unfortunately our neighbours chose to ignore the first award and we had to engage Richard again to go through another award.  He worked extremely well to support us and offered a voice of reason to ourselves, our neighbours and the barrister we had to engage.

Richard gave us the confidence that we needed throughout the entire process.  His is extremely thorough and practical, his communication was very proactive and he dealt with sensitive issues in a professional and timely manner, often coming out at short notice. I would fully recommend Richard for any party wall agreement.” (February 2018)

RMA Surveyors provide Party Wall surveying and advice in compliance with The Party Wall etc. Act 1996.  We act on behalf of building owners and adjoining owners, as well as agreed surveyors for both parties. RMA Surveyors are Chartered Building Surveyors so you can feel confident that you’re receiving professional advice and guidance.

Contact experienced party wall surveyors, RMA Surveyors on 01635 579208 for further information on Party Wall matters.