The Party Wall etc. Act 1996 was written to enable building work while protecting neighbours—not to create stalemates. At its heart is a simple idea: when owners disagree or don’t give written consent, party wall surveyors step in as neutral decision-makers to resolve that dispute fairly and keep the project moving lawfully.
Here’s what “acting in the spirit of the Act” really means—and how Simple Survey holds itself to that standard on every instruction.
What the Act expects from surveyors
Impartiality, always.
Once appointed under section 10, a surveyor does not “act for” the person who picked them. They perform a statutory role owed to both owners. Their job is to decide what the Act allows, set proportionate safeguards, and produce a legally robust award—even if that means telling their appointing owner “no”.
Reasonableness and proportionality.
The Act gives building owners unusual rights (for example, to cut in or excavate close by) but tempers them with duties: no unnecessary inconvenience, make good damage, and work in a sensible manner. Surveyors translate that into practice: realistic working hours for noisy operations, workable access arrangements, practical protection measures, and sequencing that reduces risk without paralysing the build.
Clarity and lawfulness.
A good award reads like a plan you can build from: what’s allowed, how and when it’s done, and what happens if something goes wrong. It covers the time and manner of the notifiable works, keeps conditions relevant to the Act’s scope, and avoids punitive or vague clauses that create conflict or are unenforceable.
Efficiency and de-escalation.
The statutory process has clear steps and time limits. Surveyors should keep matters moving, avoid grandstanding, and close issues quickly—reserving third-surveyor referrals for genuine impasses, not point-scoring.
What “administering the Act” looks like in practice
- Valid notices and responses
Ensure notices contain the right particulars (and drawings for excavations), are properly served on all relevant owners, and that replies are handled within statutory timeframes. - Choosing the right route
If relations are sound and the works are conventional, an Agreed Surveyor can cut cost and complexity. If owners prefer separate surveyors, keep the dialogue professional and focused. - A clear, enforceable award
The award should enable the works while protecting the neighbour, set fair working parameters, document access and methods where needed, and make the route to resolve snags obvious. It should be law-tight and practical, not a wish list. - Calm, documented communication
Regular, plain-English updates reduce suspicion and prevent last-minute surprises. If design details change, document them properly and, where required, vary the award.
What sets Simple Survey apart
RICS-qualified surveyors only.
Every Simple Survey surveyor is a member of RICS. We bring construction know-how, building-pathology insight, and deep familiarity with the Act’s case law—so your award is both practical on site and sound in law.
Impartial by design.
We treat the statutory role as a duty, not a tactic. Our awards are balanced, proportionate and defensible—because that’s what keeps projects on track and neighbours protected.
Plain-English process.
We strip out jargon. Owners get clear timelines, what to expect at each step, and why a clause exists. When people understand the “why”, they stop digging in their heels.
Speed without sloppiness.
Templates where they help, bespoke where they matter. We issue notices quickly, close issues promptly, and don’t let correspondence drift.
Neighbour-first communication.
Early, respectful contact turns a surprise into a plan. We offer agreed-surveyor routes where suitable, and when there are two surveyors, we keep it collegiate and efficient.
Cost transparency.
We explain fees up front and keep third-party costs in check by being organised and responsive. No padding, no mysteries—just the time genuinely required to do it right.
The outcome you should expect
- A valid, enforceable party wall award that enables the build and protects the neighbour.
- A calm, structured process with minimal surprises.
- Fewer escalations, fewer third-surveyor referrals, and faster resolution when issues arise.
That’s the spirit of the Act—and it’s how we work.
Need a party wall surveyor who keeps things fair, fast and lawful?
Bring Simple Survey in early—whether you’re serving, responding, or need a steady hand to get an award over the line.
Simple Survey — RICS Party Wall Surveyors (England & Wales)
📧 team@simplesurvey.co.uk