Although the Party Wall etc. Act 1996 has been on the statute books for nearly 30 years, it remains poorly understood by both the public and some construction professionals. The Act’s wording gives little away about the exact nature of the surveyor’s role — yet that role is central to ensuring the legislation works as intended.
Why the Act Exists
The purpose of the Act is to facilitate construction near property boundaries by granting building owners specific rights over neighbouring land and structures. For example, it allows them to:
- Erect scaffolding on neighbouring land
- Cut flashings into a neighbour’s building
- Access a neighbour’s land — even forcibly — to carry out works covered by the Act
This is a significant legal step: Parliament has authorised interference with private property rights. Such a step is only acceptable if proper safeguards are in place — and those safeguards come in the form of Party Wall Surveyors.
The Surveyor’s Duty: Impartial Protection
The courts have long recognised the surveyor’s role as impartial. As Brightman J stated in Gyle-Thompson v Wall Street (Properties) Ltd [1974]:
“The position of the adjoining owner… is intended to be safeguarded by the surveyors appointed pursuant to the procedure laid down by the Act.”
In other words, surveyors are not agents for the party who appoints them — they are statutory officers, tasked with balancing the rights of both owners.
The Skills Required
To fulfil this role, surveyors must:
- Take due care — applying specialist construction knowledge to safeguard both properties.
- Proceed diligently — managing the process so works are completed efficiently and in compliance with the Act.
- Act impartially — maintaining fairness even in heated disputes.
While surveyors don’t need the same depth of legal expertise as solicitors, Party Wall matters demand a far broader legal understanding than many realise.
A Call to Practitioners
For new and experienced Party Wall Surveyors alike, the starting point is always the 1996 Act itself. Too many practitioners fail to properly familiarise themselves with the legislation they are enforcing. The Act should be your constant reference — not a dusty afterthought when disagreements arise.
Whether you’re a building owner, adjoining owner, or aspiring Party Wall Surveyor, understanding the surveyor’s impartial statutory role is vital to protecting rights, relationships, and property. For expert guidance, contact team@simplesurvey.co.uk.