If you’ve ever been involved in a property dispute, especially one relating to a party wall, you know how important it is to have expert guidance on your side. Surveyors are the professionals who provide this expertise, helping to navigate issues such as boundaries, ownership, and the specifics of construction. However, in complex situations, such as party wall disagreements, you might come across the term “ex parte surveyor.”
But what does this term actually mean in the context of a party wall dispute under the Party Wall Act 1996?
What is an Ex Parte Surveyor?
When a building owner submits a party wall notice, their neighbour has the option to respond. If they agree to the planned works, the project moves forward as planned. However, if the neighbour disagrees, they have the option to either:
- Appoint their own surveyor to represent their interests, or
- Agree to use the same surveyor (known as the “agreed surveyor”).
If both parties appoint separate surveyors, these surveyors will work together to choose a third surveyor, forming a panel known as a three-surveyor tribunal. This system ensures fairness and impartiality.
However, in some cases, one of the surveyors may refuse to act or may fail to respond. In such cases, an ex parte surveyor may step in to make decisions on behalf of both parties and prevent delays in the building owner’s project.
What Does the Party Wall Act Say About This?
The Party Wall etc. Act 1996 (Section 10(6)) allows a surveyor to act unilaterally (ex parte) if the other surveyor refuses to participate or fails to respond. The relevant section states:
“If a surveyor refuses to act, the other party’s surveyor may proceed to act ex parte. Anything done by the ex parte surveyor will have the same effect as if they were an agreed surveyor.”
This means if one surveyor fails to fulfil their role, the other surveyor can continue with the process as if they were appointed by both parties, ensuring there are no unnecessary delays in the building process.
Further, Section 10(7) clarifies that if a surveyor does not respond within 10 days of a request, the other surveyor can proceed with acting ex parte.
Is It Common for Surveyors to Act Ex Parte?
While the Party Wall Act allows surveyors to act ex parte, it’s relatively rare in practice. In fact, we typically prefer to work collaboratively with other surveyors to resolve disputes fairly. The majority of party wall surveyors aim to work together to find an amicable solution, rather than escalate conflicts.
However, the ability for a surveyor to act ex parte exists to ensure that construction projects aren’t unduly delayed by a lack of action from one party. It is considered an option of last resort and should be used carefully and thoughtfully.
What Should You Do if Your Surveyor Is Delaying the Process?
If you’re facing delays due to a surveyor’s inaction or failure to engage, it’s always best to first attempt to resolve the situation directly with them or your neighbour. If this does not work, then appointing an ex parte surveyor may be necessary to ensure the process continues without unnecessary setbacks.
Need Help Navigating a Party Wall Dispute?
At Simple Survey, we specialise in resolving party wall issues quickly and effectively. If you’re experiencing delays or confusion regarding your party wall dispute, our experienced surveyors can guide you through the process. Reach out to us today to avoid delays and ensure your project progresses smoothly.