When planning construction or renovation work—particularly on or near shared walls or boundaries—the Party Wall etc. Act 1996 often comes into play. Choosing the right surveyor is a crucial part of complying with this legislation. In some cases, appointing an agreed surveyor can offer a cost-effective and straightforward solution. But is it the best choice for your specific project?
Let’s explore what an agreed surveyor does, when it’s appropriate to appoint one, and the pros and cons involved.
The Role of a Party Wall Surveyor
A Party Wall Surveyor is a specialist responsible for managing the legal and procedural requirements under the Act. Their role is to act impartially and independently, ensuring that both the building owner (who is carrying out the works) and the adjoining owner (the neighbour) have their interests fairly considered.
Typical responsibilities include:
- Serving the correct party wall notices
- Managing and resolving disputes
- Preparing the Party Wall Award—a legal document outlining the work, rights, and responsibilities
What Is an Agreed Surveyor?
An agreed surveyor is a single professional jointly appointed by both parties to manage the process under the Act. Rather than each party appointing their own surveyor, both the building owner and the neighbour agree to rely on one impartial expert to oversee the process.
When Is It Appropriate to Use an Agreed Surveyor?
Opting for an agreed surveyor works best in the following situations:
- Straightforward or low-risk projects: Such as simple building works or minor alterations
- Good relations between neighbours: When both parties are cooperative and there is no history of disputes
- Keeping costs and delays to a minimum: When both parties are looking for an efficient solution
Benefits of Appointing an Agreed Surveyor
- Lower Costs
Appointing one surveyor instead of two helps reduce professional fees, making it ideal for minor works. - Faster Process
With one surveyor handling all communications and paperwork, the process typically moves faster than if two separate surveyors are involved. - Less Confrontational
An impartial surveyor can help maintain a cooperative atmosphere between neighbours and reduce potential conflict. - Simpler Administration
There’s less documentation and coordination needed when only one surveyor is involved, simplifying the process.
Potential Drawbacks of an Agreed Surveyor
- Concerns Over Impartiality
If the agreed surveyor was initially contacted by the building owner, the adjoining owner might question whether they can truly act impartially. - Not Suitable for Complex Disputes
In cases involving major structural work, historical tension, or high financial risk, both parties may prefer to appoint their own surveyors for peace of mind. - One Point of Contact
If something goes wrong or there’s a breakdown in communication, both parties may be affected. This makes clarity and transparency essential.
Is an Agreed Surveyor Right for Your Project?
Consider appointing an agreed surveyor if:
- You and your neighbour have a good relationship
- The proposed work is relatively simple
- Both parties trust the surveyor’s ability to act impartially
You may want to avoid an agreed surveyor if:
- There’s a history of conflict or mistrust
- The work is complex or carries a high risk of damage
- Either party prefers the security of separate representation
How to Choose an Agreed Surveyor
If you decide to proceed with one surveyor for both parties, consider the following when making your choice:
- Experience and Expertise: Ensure the surveyor has solid experience with party wall matters and is well-versed in the 1996 Act.
- Reputation: Look for positive reviews or professional references to confirm their reliability and fairness.
- Clear Communication: Choose someone who can explain the process clearly and handle discussions diplomatically.
- Transparent Pricing: Make sure the surveyor’s fee structure is clear from the outset to avoid misunderstandings.
Steps to Appoint an Agreed Surveyor
- Mutual Agreement:
Both parties must consent to appoint the same surveyor. This agreement should be documented in writing. - Surveyor Selection:
Agree on a qualified, impartial surveyor with relevant experience. - Letter of Appointment:
Issue a formal letter of appointment outlining the surveyor’s duties and terms. - Surveyor Begins Work:
The surveyor will handle notice preparation, inspections, and the drafting of the Party Wall Award.
Conclusion
Appointing an agreed surveyor under the Party Wall etc. Act 1996 can be a sensible, cost-saving choice for certain types of work—particularly where relations are friendly and the proposed project is relatively minor. However, it isn’t the best solution for every situation.
Weigh the complexity of the work, the relationship between parties, and your comfort level with shared representation. With the right professional in place, an agreed surveyor can help ensure compliance with the law while avoiding unnecessary delays, costs, and friction.
📩 Need advice on appointing a Party Wall surveyor or managing your project?
Contact us at team@simplesurvey.co.uk for expert guidance and support!