Under the Party Wall etc. Act 1996, a Party Wall Surveyor acts in a statutory role, not a contractual one. This means the surveyor is formally appointed under the Act and does not act as a traditional “client’s” advisor. Their duty is to both parties, and their role is independent and quasi-judicial.
Purpose of the Surveyor
When a dispute arises under the Act, the Party Wall Surveyor resolves it by issuing a legally binding Party Wall Award. This Award:
- Confirms how the works may proceed
- Sets out any conditions for the works
- Protects the interests of both property owners
Appointment and Removal
Once appointed in writing, a surveyor’s appointment cannot be withdrawn by either party. The Act specifies that the role only ends if:
- The surveyor dies or becomes unable to act
- The surveyor refuses to act or fails to respond within 10 days when asked to act
Otherwise, the appointment continues until the Award is completed.
Scope of the Role
The surveyor’s responsibility is strictly to ensure compliance with the Act. They do not provide design advice or manage the project. They may, however, highlight legal implications and set out the timing and method of works.
Key points:
- The surveyor has no statutory duty to recommend or arrange insurance for the works
- They do not “sign off” or monitor works once the Award is issued
- Their role ends (functus officio) once the Award is served, unless a new dispute arises requiring further involvement
Impartiality
Whether acting as an Agreed Surveyor for both parties or as a surveyor appointed by one owner, the surveyor must act impartially. They may make determinations that go against the interests of the appointing party, upholding the law rather than acting as an advocate.
Appeals and Complaints
If either party disagrees with the Award, the only way to challenge it is through the County Court. Appeals must be lodged within 14 days of receiving the Award.
Surveyors are not legally required to handle complaints about their statutory role. Some may offer a complaints procedure, but this does not apply to appointments made under section 10 of the Act.
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