At Simple Survey, we often remind clients that the role of a Party Wall Surveyor is clearly defined under the Party Wall etc. Act 1996. While the Act provides a framework for resolving disputes about works to shared or adjoining structures, it does not extend to every issue that may arise between neighbours.
Common areas that fall outside of the surveyor’s remit include:
- Rights of Light
- Boundary disputes
- Other easements and covenants
It is essential to remain within the limits of the Act. Attempting to negotiate or determine matters beyond its scope can undermine the validity of the Party Wall Award and create unnecessary confusion.
The Act’s Boundaries
Section 9 of the Party Wall etc. Act 1996 confirms that any Award cannot override existing easements or legal rights attached to a property. If surveyors were to attempt to include such matters in an Award, the decision could be challenged and set aside.
That said, in practice it can be helpful for surveyors to confirm whether a wall sits wholly on one owner’s land or is a shared party wall, provided there is no dispute over the boundary itself.
When to Seek Specialist Advice
Some matters simply require expertise beyond the Party Wall Act:
- Rights of Light → should be referred to a specialist rights of light surveyor
- Easements or covenants → should be referred to a solicitor for legal advice
By directing owners to the right professionals, surveyors help ensure that issues are addressed correctly without blurring the scope of their Party Wall duties.
Staying Within Scope
Remaining focused on the provisions of the Act ensures that:
- The Award deals solely with party wall matters
- Both owners understand the surveyor’s role and responsibilities
- Disputes are resolved without overreach or confusion
It is also important that concerns raised by either party are acknowledged and guidance on the next steps is given promptly. Even if neighbours choose not to act further, the surveyor has fulfilled their professional duty by clarifying the boundaries of their role.
Where a surveyor has previously been involved in a separate boundary or rights dispute, this does not prevent them from acting under the Party Wall Act, provided no ongoing conflicts remain.
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