Most building owners assume that signing a letter of appointment is just a routine step when dealing with the Party Wall Act. In reality, these letters are often signed far too early, and this can have unintended – and expensive – consequences.
This article isn’t about critiquing template letters. Instead, it focuses on timing, and why waiting until the right stage can protect your options (and your wallet).
When Is a Letter of Appointment Actually Needed?
A letter of appointment only becomes necessary if a dispute arises under the Party Wall Act.
Here’s how the process works:
- A building owner serves a Party Wall Notice.
- If the neighbour consents, no surveyor is required, and the works can go ahead.
- If the neighbour dissents or does not respond, a dispute is deemed to have arisen. Only then does the Act (sections 10(1)(a) and (b)) require the appointment of one or more surveyors.
The Problem with Signing Too Early
Signing too soon can lock building owners into arrangements that work against them. For example:
- Losing the agreed surveyor option – If the building owner has already appointed a surveyor, they often miss out on the chance to share a single agreed surveyor with their neighbour. This route can significantly reduce costs, but is undermined by premature appointments.
- Two sets of fees – Once a surveyor is formally appointed, the appointment cannot simply be undone. Even if the surveyor steps aside voluntarily, the building owner has no guaranteed right to insist on it. This often results in both parties paying for separate surveyors – doubling the fees unnecessarily.
How Notice Templates Add to the Issue
Many notice templates include wording such as “in the event of a dispute I will appoint (insert name).” This nudges owners into prematurely committing to a surveyor. From the neighbour’s perspective, it also makes the agreed surveyor route look off the table.
The outcome? More disputes default to a two-surveyor setup, which conveniently generates more fees for the industry – but leaves the building owner footing a higher bill.
The Problem with “Ambulance Chasers”
Another common trap comes from firms that mail neighbours of anyone submitting a planning application. These letters often cause concern and urgency, leading neighbours to immediately sign an appointment “to protect their interests.”
The problem?
- A dispute cannot legally exist until a notice is served (or work starts under the Act).
- Any appointment before that point is premature, and may even be invalid.
Unfortunately, these tactics take advantage of worried neighbours and lock them into unnecessary costs.
The Bottom Line
A Party Wall letter of appointment should never be signed too early. Doing so risks higher costs, fewer options, and in some cases, invalid agreements.
By waiting until a genuine dispute arises – and seeking honest advice from specialist surveyors – building owners can protect their rights, control their costs, and avoid being drawn into unnecessary complexity.
Need Expert Party Wall Advice?
At Simple Survey, we cut through the confusion and provide clear, practical guidance on every step of the Party Wall process. Whether you’re planning works or responding to a notice, our team ensures your options stay open – and your costs stay fair.
📩 Email us at team@simplesurvey.co.uk to get started today.