One of the little-known procedural aspects within the Party Wall etcetera Act 1996, is that you can’t fire your Party Wall Surveyor.
Let’s unpack why and what you can do if you’re unhappy.
Under Section 10 of the Act, once a surveyor is appointed, that appointment is one of statute, in other words it’s made under law, not a private contract. The Act is very clear that once the appointment is made, it “shall not be rescinded by either party”
In simple terms, this means you can’t sack, dismiss or replace your surveyor. Part of the duty bestowed upon Party Wall Surveyors, is that they are legally required to be impartial. Unlike a conventional professional instruction, this means that they are not there to fight your corner, they’re there to administer the Act fairly.
So while you cannot fire your surveyor, there are scenarios that come into play for them to be removed. If the surveyor dies, it goes without saying their duty is distinguished. Or, if the surveyor becomes or deems themselves incapable of acting they’re able to step away.
In those cases, a new surveyor can be appointed to take over. But that decision is about capability as opposed to any form of disagreement you may have with your surveyor.
That being said, while you may not be able to fire your surveyor. There are still options for you to take in resolving any dispute you have with them. To start with you should raise your concerns directly, asking them to explain their position with reference to the Act or case law.
If there are two surveyors on board, in other words, a building owner’s surveyor and an adjoining owner’s surveyor, you may be able to refer certain issues to the Third Surveyor. A third surveyor is selected whenever the two respective owners appoint their own party wall surveyors.
Another option for owners is to await the Party Wall Award’s service. At that point you have the right to appeal it in the county court within the strict 14-day window of the Award’s date.
The real lesson here? Choose your surveyor wisely at the start.
Check qualifications, experience and communication style before you sign that appointment letter, because once they’re appointed under the Act, you’re very unlikely to be able to swap them out.
If you need assistance with Party Wall Matters, give us a shout today.