Can I ask My Surveyor to Include References to Building Regulations Approval and Insurance Details in the Award?

Question

Can you please advise if I can ask my surveyor to include asking my neighbour for the Building Regulations Approval details and the name & insurance details of the builder in the Party Wall Agreement?

Answer

Most party wall Awards will include a clause stating that the notified work should comply with all statutory requirements, including the Building Regulations – that is a requirement of the Act. Your surveyor could go further and request that a copy of the completion certificate from Building Control is provided to him at the end of the works but that would be his decision. 

There is also normally a clause stating that the Building Owners are to maintain or cause contractors to maintain adequate insurance against risks such as damage but ultimately such things are the Building Owner’s responsibility. Where there has been damage the surveyors would deal with it under the Act i.e. arrange the contractor to make good or agree compensation (that will be your choice) so unless it was very significant damage the insurance wouldn’t come in to it. Many surveyors would request to see a copy of the contractor’s insurance policy but again that has to be your surveyor’s choice.

You have appointed your surveyor to deal with the dispute on your behalf so as long as he is working with the Act he should be left to do that how he sees fit.