James Lewis Surveyors Ltd (Company No. 06825126), trading as James Lewis Chartered Surveyors, is regulated by the Royal Institution of Chartered Surveyors (RICS) — RICS Firm Registration No. 041552. This procedure is operated by James Lewis BSc (Hons) MRICS FFPWS MPTS, Managing Director.

We are committed to providing a quality service and working in an open, accountable way that will build trust and respect.

One of the ways in which we can continue to improve our services is by listening and responding to your requests and, in particular, by responding positively to complaints, and thus by putting mistakes right as soon as possible. We therefore aim to ensure that:

• making a complaint is as easy as possible;
• we welcome feedback and suggestions;
• we deal with the complaint promptly, politely and, when appropriate, confidentially;
• we respond in the right way — for example, with an explanation, or an apology where we have got things wrong;
• we learn from any complaint and use it to improve our service and to review it whenever necessary.

We also recognise that some concerns will be raised informally and need to be dealt with quickly. In such cases our aims are to restore informal concerns quickly, keep matters low key, and enable mediation between the parties to take place. We aim to deal reasonably and sensibly with all complaints and to take action where appropriate.

1. Definition

A complaint is defined as any expression of dissatisfaction, however it is expressed. This would include complaints expressed in writing sent via email or letter.

2. Complaints

A formal complaints procedure is intended to ensure that a complaint is handled fairly, consistently, and, whenever possible, resolved to the complainant’s satisfaction.

3. What you can complain about

You can make a complaint about the conduct of any of our surveyors, or the service that you have received from one of our surveyors, which concerns a prospective, current or past party wall dispute that they have been involved in. Examples of service complaints include:

• excessive costs;
• deficient costs information;
• data protection / breach of confidentiality;
• partiality;
• delay;
• failure to progress a party wall dispute;
• discrimination;
• failure to advise;
• failure to keep informed;
• failure to investigate a complaint.

A matter which has been determined in a party wall award cannot be the subject of a complaint. Should you not agree with the determination within a party wall award, an appeal must be lodged in the County Court within 14 days of service.

4. Who can make a complaint

You can make a complaint under this procedure if you are a person who is concerned in a party wall dispute being handled by one of our surveyors. This includes (but is not limited to) people who are:

• Building Owners;
• Adjoining Owners;
• Building Occupiers;
• Adjoining Occupiers;
• other surveyors appointed or selected to deal with the dispute;
• other professionals connected with the dispute (e.g. architects, building contractors, engineers).

You can also make a complaint on behalf of someone concerned with a party wall dispute if that person is unable to make a complaint for themselves for any reason. You can also make a complaint if you have received unsolicited marketing information or contact from us.

5. Making a complaint

If you have a complaint, you are invited to let us know as soon as possible. When making a complaint you will be responsible for:

• raising any concern promptly and directly;
• explaining the problem as clearly and as fully as possible;
• allowing a reasonable time for the matter to be dealt with;
• recognising that some issues may be beyond the control of the party complained about.

When making a complaint, please give the following details:

1. your name, address and relationship to the party wall dispute (if any) — e.g. building owner, adjoining owner, building occupier, adjoining occupier, building owner’s surveyor, building owner’s contractor, etc.;
2. the names of the parties to any party wall dispute and the addresses of the properties concerned;
3. who you are complaining about;
4. the role of the person you are complaining about in relation to the party wall dispute (e.g. agreed surveyor, building owner’s surveyor, adjoining owner’s surveyor);
5. the details of your complaint (what the person has done, when they did it, what documents you have that show what they have done, etc.);
6. what you would like done about it.

It is clearer, and avoids any misunderstanding, if you make your complaint in writing. It also allows you an opportunity to review the details of your complaint to ensure that you have included everything you wish to report.

6. How to make your complaint

Complaints may be made by letter or email. Please address your complaint to:

James Lewis BSc (Hons) MRICS FFPWS MPTS
James Lewis Chartered Surveyors
Dassett, Berry Lane, Woking, Surrey, GU22 0RH
Email: complaints@jlewissurveyors.co.uk

Stage 1 — Internal

Stage 1 gives our firm the opportunity to review and consider your complaint in full and try to resolve it to your satisfaction. After receiving your written complaint, we will:

• acknowledge your written complaint in writing within 5 working days;
• write to you and ask for further details of the complaint if further details are required;
• respond fully to the initial complaint within 10 working days;
• if we cannot, for any reason, respond within 10 working days, write to tell you why and provide a revised timeframe for our response.

Our response will explain what we have done to investigate your complaint, our conclusion and the reasons for it, and our proposals for resolving the complaint if we find it justified. If you are not happy with our response, you will have the opportunity to take your complaint to Stage 2.

Stage 2 — Reconsideration

Stage 2 gives you the opportunity to have your complaint reviewed and considered by another party wall surveyor. If you are unhappy with the response given at Stage 1, or it is insufficient for any reason, you can contact:

Jean-Pierre Panchaud MRICS FFPWS
Stanley & Strong
Penhurst House, 352–356 Battersea Park Road, London, SW11 3BY
Email: jpp@stanleystrong.co.uk

When you do this, you must explain clearly what the issue is, that you have made initial contact with us, and what response we have given. After receiving your Stage 2 complaint, the person named above will acknowledge it in writing within 5 working days and respond fully within 21 working days (or write to explain why more time is needed and provide a revised timeframe). Their response will explain how they have considered your appeal, their conclusion and the reasons for it, and their proposals for resolving the complaint if they uphold your appeal.

Stage 3 — Independent Alternative Dispute Resolution

If you are not happy with the response you have received at Stage 2, you can contact an independent redress provider as follows:

Alex M. Frame MSc FRICS FFPWS FASI FCIOB MCMI
ADS Property Services
Taradale, Little Lane, Upper Bucklebury, West Berkshire, RG7 6QX
Email: info@party-wall.co.uk

7. Costs of making a complaint

There will be no fee or charge for making a Stage 1 or Stage 2 complaint. There may be a charge for a Stage 3 complaint; if so, you will be advised of the fee before it is incurred and given the option to pay the fee or withdraw your Stage 3 complaint.

8. Confidentiality

Other than in exceptional circumstances, all conversations and documents relating to the complaint will be treated as confidential and will be disclosed only to the extent that it is necessary. We also ask that you keep the existence and details of the complaint confidential until after the complaints process has been concluded. However, the circumstances giving rise to the complaint may be such that it may not be possible to maintain confidentiality — for example, where we are required to disclose information about the complaint to others (including the person complained about) in order to investigate or resolve it, to a professional or regulatory body, or where we are required to do so by law or by contract.

9. Document retention

As part of our commitment to client care, we will retain any written records, documents or correspondence generated by your complaint for a period of 6 years.