The process of sacking a party wall surveyor can be a difficult one. It is important to ensure that you are taking the right steps to protect yourself and your property, as well as any potential dispute that may arise over the surveyor's services.
The first step in sacking a party wall surveyor is to notify them that you are terminating their services. This can be done in writing and should include a clear explanation of why you are no longer requiring their services. It is also important to make sure that you give them a reasonable amount of time to respond to your letter, as they may need to make arrangements to wind up their work with you.
Once the surveyor has received your notice of termination, they should be given the opportunity to respond and discuss any issues with you. This is an important step and should not be overlooked. It is essential that you listen to their points of view and take them into consideration.
If the surveyor refuses to cooperate or if they do not respond to your notice of termination, then the next step is to contact the relevant professional body. Depending on where you live, this could be the Royal Institution of Chartered Surveyors (RICS) or the Institute of Surveyors (IoS). You should explain your situation and ask for advice on how to proceed with sacking the surveyor.
If the professional body advises that the surveyor should be sacked, then you should inform them in writing that you are terminating their services. It is important to include the reasons for terminating their services and to make sure that you keep a record of the notice.
Before you decide to sack your party wall surveyor, you should consider the following:
Is there a good reason for sacking the surveyor?
The first step in deciding whether to sack your party wall surveyor is to determine whether there is a good reason to do so. For example, if the surveyor has failed to carry out the agreed duties in a timely manner, or has provided inaccurate advice and information, these could be considered legitimate grounds for sacking the surveyor.
Have you discussed the issues with the surveyor?
If you do decide that there are grounds for sacking your party wall surveyor, it's important to discuss the issues with them first. This will give the surveyor the opportunity to explain any misunderstandings or provide further information, and will also give you the chance to assess their response.
Have you considered the legal implications?
Sacking a party wall surveyor can have serious legal implications, and it's important to be aware of this before you take any action. If the surveyor feels that you have wrongfully dismissed them, they may take legal action against you, and this could result in a lengthy (and expensive) court case.
Have you considered the impact on the other party?
Sacking your party wall surveyor can also have an impact on the other party involved in the dispute. If the other party disagrees with your decision to sack the surveyor, they may decide to take legal action against you, or they may decide to appoint their own surveyor.
Have you made alternative arrangements?
If you do decide to sack your party wall surveyor, it's important to make alternative arrangements as soon as possible. The dispute will not be able to progress without a surveyor, and you will need to appoint a new surveyor to take over the duties of the previous one.
Once you have considered these points, you can decide whether or not to sack your party wall surveyor. If you do decide to take this step, it's important to act in a professional and respectful manner. You should provide written notice to the surveyor, outlining the reasons for your decision and the date on which you expect them to cease acting as your surveyor. You should also provide the surveyor with a copy of any documents that are relevant to the dispute so that they can continue to provide advice and assistance to the other party.
Finally, you should make sure that you inform relevant third parties, such as the local authority, of your decision to sack the surveyor. This is important to ensure that any potential disputes that may arise in the future are dealt with swiftly and appropriately. In conclusion, sacking a party wall surveyor can be a difficult and confusing process. However, if you take the right steps and adhere to the legal requirements, then you can protect yourself and your property. It is also important to ensure that you listen to the surveyor's points of view and consider them when making your decision.
Adam Joseph Chartered Surveyors is a trading name of Sherling & Partners Limited
Website: https://www.sherlingandpartners.co.uk
Registered Address: Balfour House, Suite 206, 741 High Road, North Finchley N12 0BP
Company Number: 10621087
VAT Number: 265816036
We serve clients in East Ham, Putney, North London, Essex, Finchley,
Birmingham, Richmond and Cambridge.
Our services includes Party Wall Surveyor & Level 3 Building Survey