Terms & Conditions

Outline of Scope of Services

Work Under the Party Wall etc., Act 1996

1.1 Advising on the application of the Party Wall etc., Act 1996 throughout England and Wales.

1.2 Obtain an appropriate Letter of Appointment and ensure consistency with Land Registry or TR1 form.

Acting for Building Owner

2.1 Establishing a full list of adjoining ownership details including undertaking a Land Registry search and writing to the adjoining owners.

2.2 Preparing and serving the necessary notices upon adjoining owners.

2.3 Preparing internal schedules of condition of the areas adjoining owners’ premises likely to be affected by the works, where possible. Where access is not provided, unreasonably delayed, or cancelled an external survey will be conducted.

2.4 Liaising with the building owner, architects, engineers and contractors, etc. in order to ensure all
relevant documents are produced and correctly detailed both for the notices and for completion of
the Awards should they be entered into.

2.5 Preparing Awards and agreeing detailed terms where applicable with the adjoining owners’ surveyors.

2.7 Signing and serving Award(s) on the building owner/s.

2.8 Undertake any additional inspections of the works or properties and/or adjoining owner’s property, if necessary, following confirmation of claimed damages and agree remedial works or compensation should any damage have been caused, as indicated in the Award. Subject to confirmation of ongoing appointment and dispute arising.

Acting for Adjoining Owner

3.1 Reviewing notices submitted by the building owner and liaising with the adjoining owner to ensure the notice(s) has been served correctly.

3.2 Liaising with the building owner’s surveyor, undertaking a survey of the property and agreeing the schedule of condition with the building owner and their surveyor. If access is unreasonably withheld or there is a lack of contact (such as with a 10.4.b appointment) an external survey will be conducted.

3.3 Agreeing the terms of any Award under the Act.

3.4 Agreeing further Awards as necessary under the Act.

3.5 Signing and serving Award(s) on the adjoining owner.

3.6 Carrying out any interim or final inspections, if necessary, as detailed in the Award.

3.7 Liaise with the building owners’ surveyor should any concerns arise throughout the works, unless the concern is not one related to the Award.

Acting as Agreed Surveyor

4.1 Initially follow building owners’ instructions until Agreed Surveyor Letter of Appointment is received.

4.2 Establish a consistency with Land Registry deeds for the adjoining owners that have appointed as Agreed Surveyor.

4.3 Preparing internal schedules of condition of the areas adjoining owners’ premises likely to be affected by the works. If reasonable access is not provided, an external survey will be conducted.

4.4 Liaising with the building owner, architects, engineers and contractors in order to ensure all
relevant documents are produced and correctly detailed both for the notices and for completion of
the awards should they be entered into.

4.5 Preparing a robust Award for the notifiable works.

4.6 Agreeing further awards where necessary and supported by the Award or Act.

4.7 Signing and serving award(s) on appointing owners.

4.8 If detailed in the Award, undertake a final inspection of the site, if necessary and appropriately appointed. Agree remedial works, if required, should the adjoining owner’s property have sustained damage in any way as a result of the works, subject to the Award.

Acting as Third Surveyor

5.1 Agreeing to act as third surveyor in the event of two surveyors failing to agree on a specific matter or matters.

5.2 Receiving all details of the dispute from the two surveyors, visiting the site and serving an Award, including the apportionment of costs between all parties.

Preparing Licences

6.1 Agreeing the terms of oversail, access and scaffolding licences between neighbours as directed.

NB: This is an outline scope of services and may be subject to change or additional/reduced services dependant on instruction/works and appointment.

Boundary Surveys

A Boundary Survey is a critical aspect of land surveying used to determine a surveyors professional opinion of the legal boundaries of a property. It is typically conducted for various purposes, such as land development, construction, legal disputes, and property transactions. The scope of services for a boundary survey may vary depending on the specific requirements of the client, but the typical tasks involved include:

1. Pre-Survey Research and Document Review

• Title Deed Analysis: Review of legal documents such as title deeds, property deeds, and historical surveys to determine the property’s boundaries and any encumbrances.
• Previous Surveys: Review and assessment of any prior surveys, plats, or records that provide boundary information if available.
• Aerial and Street Review: Examination of street views, historic images and aerial photography, and other relevant records to understand property lines.

2. Field Work

• Site Visit and Reconnaissance: Visiting the property to observe the existing conditions, such as natural features (rivers, hills, trees) and man-made features (fences, buildings, roads).
• Monumentation: Identification or placement of boundary monuments (e.g., stakes, iron rods, or other markers) at key points along the boundary lines.
• Measurements and Data Collection: Measuring distances, angles, and other necessary physical characteristics of the property to ensure accuracy in boundary determination.
• Retracing Boundaries: Using modern surveying equipment (e.g., GPS or total stations) to retrace and verify property lines.

3. Survey Calculations

• Boundary Line Determination: Calculating the exact location of the property lines based on physical markers, deed descriptions, and other available evidence to the best of the surveyor’s ability and expertise.
• Boundary Adjustments: In cases of ambiguity or conflicting information, the surveyor may need to resolve discrepancies using professional judgment or legal principles.

4. Mapping and Drawing

• Survey Plan Preparation: Creating a sketch plan or map of the property showing boundary lines, easements, encroachments, and other relevant features where applicable.
• Legal Description: Writing a precise legal description of the property that can be used in legal documents (e.g., deeds, titles, or contracts). This may involve creating a boundary agreement which is a separate service and additional costs.
• Easements and Encroachments: This is not part of the initial survey but will be noted if any issues are Identified. Mapping any site specific issues where applicable may be necessary and may incur additional costs.

5. Boundary Resolution and Dispute Assistance

• Boundary Disputes: Providing expertise in resolving boundary disputes, including collaboration with legal counsel, property owners, and other surveyors where necessary. On-going involvement will be subject to additional appointment and fees.
• Witness Testimony: In cases of legal disputes, the surveyor may be required to provide expert testimony regarding the boundary lines. Whilst our reports are not CPR part 35 Compliant our reports can be used as supplementary evidence to a hearing or in negotiations.

6. Final Report and Deliverables

• Survey Report: Providing a detailed written report summarizing the findings of the boundary survey, including a description of the methods and processes used.
• Survey Map (Plan): Delivering a finalised survey plan. If this is required for the purpose of Land Registry or Boundary Agreements, this will be provided to scale and with all necessary references and will be subject to additional costs as agreed.

7. Optional Services

• Property Stakeout (once boundaries are agreed): Marking the boundaries on the ground for the client’s reference, which may be required for construction or development projects. This is subject to additional costs.
• Topographic Survey: If required, performing a topographic survey to show the physical features of the land along with boundary lines. This is subject to additional costs and will be conducted by a third party.
• Subdivision of a Plot: Assisting in the subdivision of land by determining how boundary lines can be divided or adjusted. This is subject to additional costs.
• Plan: A detailed plan, draw to a desired scale with all necessary point of reference for use with Land Registry, Boundary Agreements and disclosure of ownership. A Boundary Plan can only be produced as definite upon confirmation of agreement of the adjoining owners. A plan provided for reference cannot be used as a boundary plan.

8. Review and Updates

• Survey Revisions: If any discrepancies or errors are found, the survey may be revised and reissued.
• Boundary Survey Updates: Updating survey maps and boundary records for clients as the property changes (e.g., after new construction, easement adjustments, etc.).

Considerations:

• Property/ Plot: The scope of services can be influenced by the size and complexity of the property whilst every effort to provide a determined fixed fee is given, should considerable changes be required following a site survey to the time expectation you will be informed in writing and given the opportunity to terminate the services (subject to the fees incurred to date) or continue on an agreed variation.
• Local Regulations: Some jurisdictions may have specific requirements regarding how boundary surveys must be conducted and documented.
• Additional Services: Depending on the project, additional services such as topographical surveys may be required/ requested which will incur additional fees and may incur third party costs.

Each project’s scope may differ based on client needs, but a comprehensive boundary survey typically includes these key services to ensure accurate property boundaries. Property boundaries can only be determined by adjoining neighbours or through the courts and our services are to provide a professional determination of our opinion of the boundary based on the evidence and our experience and expertise.

Standard Terms and Conditions of Appointment

Definitions and Interpretations

1.1 As follows:

(a) ‘PWS’ means PWS Surveyors Limited, whose quotation for the Work is accepted by the Client.

(b) ‘The Client’ means the Organisation, Person or Party awarding the Contract and responsible for paying The Contract Price.

(c) ‘The Contract Price’ means the sum named in the quotation or to be ascertained in accordance with the quoted price schedule, subject to variations as may be agreed in writing.

(d) ‘The Contract’ means the agreement concluded between The Client and PWS, including these Terms and Conditions, correspondence and all specifications and other documents which are relevant to The Contract.

(e) ‘Work’ means surveying and reporting or any other service to be executed and all supporting documents including any photographs, plots, drawings, field records, plans, digital data, and control data to be produced and supplied by PWS in accordance with The Specification and includes any additional work requested by the Client as agreed in writing.

(f) ‘Supplier’ means the provider of goods and / or services to PWS.

(g) ‘Party Wall Surveyor’ shall mean ‘Building Owners/ Agreed or Adjoining Owners Surveyor’ so far as is relevant and is an express term where any party wall services are to be provided. Where there is a Party Wall Surveyor there cannot be a client as this term cannot be associated with a statue role, however in terms of engagement within these here terms and conditions, the term Client shall include anyone whom has instructed a Party Wall Surveyor.

(h) ‘The Client’ appoints the Surveyor to provide the Services and the Surveyor accepts such appointment upon and subject to these Terms and Conditions (the “Appointment”). The Client, when appointing a surveyor under the Party Wall etc Act 1996, becomes the Appointing Owner. Any appointment, whether as a Party Wall Surveyor or Advisor must be in writing and commences on the date of receipt.

Standard of Care

2.1 The Surveyor, when performing the Services, exercises the reasonable skill and care to be expected of an appropriately qualified professional Surveyor of the same discipline as the Surveyor holding itself out as having the competence and resources to perform the Services.

Statutory Requirements

3.1 When performing the Services, the Surveyor complies with the requirements of all statutes and legislation relevant to the Project. In particular, the Surveyor complies with the Construction (Design and Management) Regulations, to the extent they apply to the Project.

3.2 The Consultant shall become ‘the Surveyor’ should a dispute arise and his/her appointment becomes statute under the Act. Thereafter known as ‘the Surveyor’, not the Consultant. When acting as an appointed Surveyor under the Party Wall etc Act 1996, the Surveyor shall apply due diligence and appropriate skill in reading or producing any Award.

Fees

4.1 As consideration for the performance of the Services, the Appointing Building Owner pays the Surveyor the Fee as set out in the quotation or Award or as calculated in consideration of an appropriate hourly rate however determined. Should matters arise subsequent to the ‘Appointment’ or changes and/or alterations made, additional fees may be incurred at the agreed hourly rate of the appointed surveyor.

4.2 Any work undertaken from the date of appointment is chargeable at the Surveyor’s hourly rate where the Terms of Appointment are changed or altered or in the case that the works change or require further review.

4.3 If any interim invoice is raised it should be paid within 7 days of receipt. Failure to pay any such invoice may result in the fixed fee provided being void and our ongoing fees being calculated at our hourly rate.

Disbursements/ Additional Costs

5.1 Disbursements for copying drawings and travel costs (standard class rail or car mileage) may be charged. Disbursements charges will be minimised as far as possible and will be charged in addition to the quoted Fee. Travel time is considered as included in a Fixed Fee but costs associated with travel, such as fuel and parking, may be charged.

5.2 Additional sets of data not ordered at commissioning or replacement of lost data will be charged at a rate of £15 per A4 size paper drawing, £25 per A3 size paper drawing, £35 per A1 size paper drawing and £45 per digital data file. Disbursements shall be charged for additional data bought which is directly required in order for us to perform our duties and services. Further disbursement shall be charged for travel required outside the initial survey provided which is considered to be inclusive of travel costs.

Our Usual Costs are detailed below:
Cost per mile for EV vehicles 10p per mile; Fuel vehicles 45p per mile.
Land Registry Fees £7 per file.
Promap £25-50 per file
Historical Digital imaging £50-100 per file

*all costs are plus VAT

Services

6.1 The services are those described in the quotation and where applicable, in the accompanying scope of services document.

Payment for Party Wall Instructions

7.1 Payment of the Fee is due on receipt by the Appointing Owner of a VAT invoice from the Surveyor. The Appointing Building Owner pays all sums due under this Appointment to the Surveyor upon receipt and not later than 14 days after the date of the VAT invoice (“the final date for payment”). Invoices will be raised at appropriate intervals, notably after Schedules of Condition have been undertaken or on completion of an Award/s.

7.2 The Appointing Owner does not withhold payment of any sum due after the final date for payment unless they have given prior notice in writing to the Surveyor of their intention to withhold payment. Such notice must be given before the final date for payment and specify the amount which the Appointing owner proposes to withhold and the grounds for making the withholding. If there is more than one ground, the notice must specify each ground and the amount attributable to it. This Clause does not apply where the Appointing owner is a residential occupier under the Housing Grants, Construction and Regeneration Act of 1996.

7.3 Following a period of 3 months, PWS Surveyors Ltd reserves the right to raise an invoice for works undertaken to date, at the Surveyor’s discretion.

7.4 If a surveyor’s appointment is cancelled after it has been confirmed in writing a cancellation fee of £100 plus VAT may be payable at the Surveyor’s discretion for administration costs in setting up the file.

Payments for Boundary Surveys

8.1 Invoices may be submitted to the Client upon instruction and must be paid in full prior to any site visit or desk top study is undertaken. Should ongoing advice or services be required following an initial site survey and report this shall be payable on completion of any additional service, based on our usual hourly rates and shall be paid in advance of release of any further documentation.

8.2 Invoices will be sent electronically. We have not allowed for courier costs if hard copies are required. PWS Surveyors shall be entitled to suspend work (with no penalty to ourselves) if any payment due from the Client is not made on its due date. PWS Surveyors shall be entitled to charge interest as per The Late Payment of Commercial Debts (Interest) Act 1998 for any work undertaken.

8.3 Where instructed by an Agent ‘on behalf of’ a third party, then we shall require written instruction from the third party before release of the survey or data. The agent must pass full details of our quotation, Terms and Conditions to the third party.

8.4 Cancellation of a boundary survey can be made up to the day before the survey is due to be undertaken. Costs incurred in setting up the file and undertaking a desktop study shall remain due and will be calculated on our usual hourly rates.

Copyright

9.1 Copyright in all drawings, reports, calculations and all other documents including computer software and revisions of the same (“Documents”) prepared by the Surveyor for the purposes of the Project remains the property of the Surveyor. The Surveyor grants the Appointing owner a royalty-free, irrevocable, nonexclusive licence to use and reproduce the Documents.

9.2 The Surveyor is not liable for the use of the Documents for any purpose other than that for which they were originally prepared.

Default

10.1 If the Appointing owner fails to pay any sum due to the Surveyor under this Appointment in full by the final date for payment and where Clause 7.2 applies, no notice of intention to withhold payment has been given which complies with Clause 7.2 the Appointing owner pays the Surveyor statutory interest on the unpaid amount for the period from the final date for payment until the date of actual payment.

10.2 If the Appointing owner fails to pay any sum due to the Surveyor under this Appointment in full by the final date for payment and where Clause 7.2 applies, no notice of intention to withhold payment has been given which complies with Clause 7.2 the Appointing owner pays the Surveyor a late payment fee of £50 + VAT which shall be applied at the Surveyors discretion, weekly or when chased, in order to cover the time incurred in any such chasing of unpaid fees.

10.3 Note that 7.2 cannot be applied to an awarded sum as the recourse for fees incurred in an Award that has been agreed would be to contest the Award in a County Court within 14 days of receipt. After which there is no recourse and the sum is legally due.

Health and Safety

11.1 Should there be any concern over health and safety, whosoever, the Surveyor reserves the right to suspend the Services until the health and safety issue is rectified.

11.2 The Appointing owner shall arrange safe access to and around the site, including access scaffolds, where appropriate.

11.3 Ladders should be used as a last resort, and only where use can be justified by a risk assessment. The Surveyor shall follow good practice including the guidance set out in HSE document entitled “Safe use of stepladders and ladders: An employer’s guide”. Whilst there are many things to consider when using a ladder, two particularly important aspects are a) making sure the ladder extends at least 1m beyond the landing point b) making sure that the ladder is tied. See item 22 of the HSE good practice guide (copy available from the Surveyor upon request). Footing the ladder should be a last resort and avoided, where reasonably practicable, by the use of other access equipment.

Liability

12.1 Except for liability for death or personal injury, the maximum aggregate liability of the Surveyor to the Appointing owner under or in connection with this Appointment (whether in contract or tort (including negligence) or breach of statutory duty) is limited to that recoverable under the Surveyor’s Public Liability and Professional Indemnity insurance policies.

12.2 Without prejudice to the above limitation or any other exclusion or limitation of liability available to the Surveyor, the Surveyor’s liability for loss or damage suffered by the Appointing owner in the event of any breach of this Appointment is limited to the proportion of such loss or damage that it would be just and equitable to require the Surveyor to pay having regard to the extent of responsibility of the Surveyor for the same and on the assumptions that:

a) All contractors and sub-contractors and other members of the Professional Team have provided contractual undertakings to the Appointing owner on terms no less onerous than those set out in this Appointment in respect of the carrying out of their obligations in connection with the Project.

b) There are no exclusions or limitations of liability nor joint insurance or co-insurance provisions between the Appointing owner and any such persons; and

c) All such persons have paid to the Appointing ownersuch sums as it is just and equitable for them to pay having regard to the extent of their responsibility for such loss or damage.

12.3 Any drawings, calculations, specifications and design details either appended to an Award or provided to the Appointed Surveyors, are accepted in good faith and the Appointed Surveyors shall not be held accountable for any defective design or specification appearing in any such drawings, calculations, specifications and design details.

12.4 No action or proceedings for any breach of this Appointment may be commenced against the Surveyor after the expiry of 6 years of the date of the Appointment.

Insurance

13.1 PWS Surveyors maintains professional indemnity insurance for the Consultant/Surveyor at a level no less than that required by the Royal Institution of Chartered Surveyors subject to such insurance being available in the insurance market on reasonable terms and rates.

13.2 PWS Surveyors produces written evidence that this insurance is being maintained whenever requested to do so by the current Appointing Owner or Client.

Disruption and unforeseen works

14.1 Any works outside of the original quotation in connection with damage resulting from the building works; or unforeseen works will result in an additional fee, charged at the appropriate surveyors hourly rate.

14.2 The fee is adjusted if the performance of the Services is materially disrupted for any cause outside the Surveyor’s reasonable control.

14.3 The Consultant/ Surveyors hourly rate for any additional work undertaken is

– Senior Surveyor/ Director: £250

– Surveyor: £200

– Junior Surveyor: £150

Power to vary work

15.1 The Client, at their discretion, may vary the Work instructed up to the date of survey but all costs incurred shall be met.

Entry onto private property

16.1 Where it is necessary for PWS Surveyors to have access onto private property the Client will be responsible for obtaining all necessary permissions and arranging unhindered access during normal working hours. The Client will also provide PWS Surveyors with any letters of identification which may be needed. Where landowners/occupiers are known to be uncooperative the Client has a responsibility to advise PWS Surveyors prior to confirmation of our quotation and award of services. Where Boundaries are concerned it is preferable to have access to neighbouring properties but if this is either not possible or undesirable the survey will be limited to the accessible parts of the Client’s land and premises.

Clearance of vegetation / obstacles

17.1 We have not allowed for clearance of vegetation or obstacles (e.g. stacked building or waste material, scaffolding, stockpiles, furniture, parked cars) in order to gain access to all areas of the site(s) to be surveyed. We assume that any clearance work will be the responsibility of the Client, and that the site would be cleared in advance of our mobilisation to site. Areas that are overgrown or access is otherwise restricted will only be surveyed so far as possible on foot and may not be accurately surveyed. Inaccessible areas will not be surveyed.

Rights to third parties

18.1 This contract is not intended to grant rights to third parties. Rights arising under the Contract (Rights of Third Parties) Act 1999 are specifically excluded.

18.2 By way of statutory appointment an Award shall grant rights between the Surveyor and the Building and Adjoining owners.

18.3 Unless otherwise agreed in writing, our services and reports are for the purpose of the appointing party or client and shall not be shared.

Assignment

19.1 The benefit of this Appointment may be assigned by the Appointing owner by way of an absolute legal assignment subject to written consent from the Surveyor. Written consent will be at the absolute discretion of the Surveyor.

19.2 The Surveyor who undertakes a survey for any appointment will remain the main point of contact but another team member may assist in communication and/or advice.

Conflicts of interest

20.1 The Surveyor shall maintain systems to minimise the possibility of conflicts of interest arising.

20.2 Notwithstanding Clause 19.1, the Surveyor reserves the right to act as the appointed surveyor for either party, single joint expert, or agreed surveyor where instructed to do so with agreement from both parties; or as directed by the court.

20.3 Work undertaken by the Surveyor’s associate firms shall not be deemed to constitute a conflict of interest.

20.4 If a conflict of interest should come to light only after the Surveyor has been appointed, first refusal to continue to use the Surveyor will be given to the Appointing owner at the discretion of the Surveyor.

Disputes

21.1 Notwithstanding any other provisions of Appointment under the Party Wall Etc Act 1996, either party may at any time refer any dispute under it to adjudication under the Scheme for Construction Contracts (England and Wales) Regulations 1998, Part 1.

21.2 The Adjudicator’s decision is binding until the dispute or difference is finally determined by litigation. The Appointing owner and the Surveyor attempt to agree the identity of the Adjudicator. If the parties fail to reach such agreement within 5 days after one party notifies the other that it wishes to agree the identity of the Adjudicator, the Adjudicator is appointed by the President or Vice President for the time being of RICS. Any dispute or difference in connection with the enforcement of a decision of the Adjudicator is referred to the Courts.

21.3 Should a dispute arise between appointed Surveyors or parties under a Party Wall etc Act 1996
appointment, where a Third Surveyor has been selected, that Surveyor, or if that Surveyor is unwilling or unable to act, a Surveyor selected by the local authority shall be appointed to resolve the dispute.

21.4 If any boundary-related disputes arise following a boundary survey, the Surveyor may offer additional services to help resolve the issue, subject to additional fees and an agreement on the specific services required.

21.5 Any disputes between the Client or appointing party and Surveyor related to these Terms and Conditions will be resolved through negotiation, and if necessary, through mediation or arbitration before pursuing legal action.

General

22.1 This Appointment supersedes any previous agreements or arrangements between the parties in respect of the Project. Appointment made under the Act supersedes any prior Agreement or arrangement.

22.2 Nothing in this Appointment confers or purports to confer any right to enforce any of its terms on any person who is not a party to it. Only the names and appointed/appointed parties can be subject to an Award.

22.3 Any reference to a statute or statutory provision is construed as a reference to that statue or provision as amended, consolidated, supplemented or re-enacted (with or without modifications) from time to time.

22.4 Where any Clause requires an act to be done within a specified period after or from a specified date, the period begins immediately after that date. Where the period includes Christmas Day, Good Friday or a day which, under the Banking and Financial Dealings Act 1971, is a bank holiday in England and Wales, that day is excluded.

22.5 Whilst general Land Registry Searches shall be undertaken, it may be necessary to provide additional confirmation of ownership if there is a conflict in the information supplied. Any errors in ownership details resultant of false or outdated information provided shall not be at the fault of PWS Surveyors.

22.6 The Surveyor holds no responsibility for errors or issues incurred as a result of inaccurate land registry results. However the Surveyor shall take reasonable action to raise queries as deemed appropriate should there be any doubt over ownership of any affected demise.

22.7 Our preferred method of communication is electronic in accordance with the Electronics Communication Order 2016.

22.8 Our paper files are closed on completion of our services (i.e. Award/Report). We will however keep electronic files for 6 years. If a paper copy of any document is required a fee will be applied and we cannot guarantee the reproduction of any such documents. It is the appointing party’s responsibility to retain our documents that are issued or served accordingly.

22.9 In regards to boundary surveys, the Surveyor’s work will be limited to assessing the boundary based on available documentation, physical evidence, and observations. The Surveyor is not responsible for legal disputes regarding ownership or any changes in boundaries after the survey.

22.10 Any boundary survey report and any supporting materials, following payment for the service shall be owned by the Client who will have the right to use the survey report and associated documents for their intended purposes.

Notices

23.1 Any notice under this Appointment is deemed to be given if it is in writing and delivered by hand, pinned to the door of the neighbouring premises or sent with proof of postage through Royal Mail to the Appointing owner or Surveyor (as the case may be) at the address set out for each party in this Appointment or any other address notified by one party to the other in accordance with this Clause.

23.2 Any notice sent by hand is deemed received upon actual receipt by the party to whom it is addressed. This should be photographed wherever possible as evidence.

23.3 Any notice pinned to the door of a neighbouring property is deemed served upon attachment and shall be photographed, dated and recorded.

23.4 Any notice by a postal method described in Clause 23.1 is deemed received 48 hours after it was posted. Proof of assignment to the post office shall be retained as evidence on the file.

Award Service

24.1 An Award served digitally, where permission under the Electric Communication Order 2016 is granted, shall be deemed to be served immediately. An Award assigned to the post is deemed served 48 hours later. Proof of assignment to the post office shall be retained as evidence on the file.

Changes to the standard terms and conditions of appointment

25.1 The Surveyor’s standard terms and conditions of appointment are negotiable and in certain instances the Surveyor will be prepared to work under the Appointing owner’s own standard form of contract, providing this is agreed prior to acceptance of the Surveyor’s quotation. The Surveyor’s quoted fee is based on the Surveyor’s standard terms and conditions of appointment and the tender price may need to be adjusted where different terms and conditions apply or where the plans or works change significantly or are resultant of site specific issues.

25.2 Anything specifically noted in the Surveyor’s quotation to be excluded or included shall take precedence over these standard terms and conditions with the exception of breaches/cancellations or changes to the appointment to which the quotation refers. These terms and conditions shall take precedence over any general correspondence between the Surveyor and the Appointing owner, save for where stated as a specific amendment to the Surveyor’s standard terms and conditions.

Supplier Obligations

26.1 As part of PWS Surveyors Limited’s’ obligations to our own Clients, and as an RICS Regulated company we are obliged to perform due diligence and evaluations of any supplier us as regards the following: Tax Evasion, Bribery, European General Data Protection Regulations, the Modern Slavery Act, Money Laundering and Terrorist Financing. Thus we may contact you for information about your business processes, and you need to notify us if:

There has been, or you suspect there has been, any breach of data that could impact us or our Clients.
There has been, or you suspect there has been, any attempt of bribery within your own supply chain.
There has been, or you suspect there has been, any attempt of tax evasion within your own supply chain.
You have any suspicions about any of your suppliers using slave labour in their business.
You have any suspicions about any of your suppliers laundering money or financing terrorism.

Data Protection and Privacy Notice

27.1 The Surveyor will ensure that any personal data provided by the Client is handled in accordance with relevant data protection laws (e.g., the Data Protection Act 2018 or the General Data Protection Regulation (GDPR)) and will only use personal data to carry out the services outlined in the Terms of Engagement.

27.2 Our data privacy notice is available on request. In summary, we only retain your personal data in the form of e-mail addresses for the purposes of business communications, and we assume that by working with us you are content for us to keep this data. It is kept securely and we do not share it with anyone.

Confidentiality Clause

27.1 Confidential Information

The Surveyor agrees to keep all information, documentation, photographs, and any other data provided by the Client in relation to the Party Wall works (referred to hereafter as “Confidential Information”) confidential, unless the disclosure of such information is required by law, regulatory authority, or the mutual consent of both the Surveyor and appointing parties.

27.2 Non-Disclosure

The Surveyor shall not disclose any Confidential Information to any third party without the prior written consent of the Client, except as necessary to carry out the work outlined in these Terms of Engagement (for example, sharing information with experts or contractors directly involved in the project, subject to confidentiality agreements).

27.3 Use of Confidential Information

The Surveyor agrees to use the Confidential Information solely for the purpose of providing the Party Wall services outlined in this agreement. The Surveyor will not use, exploit, or disclose such information for any other purpose, including for their own personal gain or for the benefit of any third party.

27.4 Exclusions

Confidential Information does not include information that:
a) Was already in the public domain at the time of disclosure, including external photos;
b) Becomes publicly available after disclosure, other than through a breach of this agreement;
c) Is lawfully received from a third party without any breach of confidentiality;
d) Is independently developed by the Surveyor without reference to the Client’s Confidential Information.

27.5 Obligations After Termination

Upon termination or completion of the Surveyor’s engagement, the Surveyor agrees to return or securely destroy all Confidential Information belonging to the Client and will not retain any copies of such information, unless required by law or agreed upon in writing by the Client.

27.6 Breach of Confidentiality

If the Surveyor breaches this confidentiality clause, the Client may seek appropriate legal remedies, including but not limited to claims for damages resulting from the unauthorized disclosure of Confidential Information.

Governing Law and Jurisdiction

29.1 This appointment is governed by and constructed in accordance with English Law and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.

Complaints

30.1 Our complaints handling procedure is available on request by calling 0800 311 2077 or emailing enquiries@pwssurveyors.co.uk . Our response time to Any such request is within 5 working days.