When you’re dealing with party wall issues, things can quickly become complicated. The Party Wall Act is clear about who needs to do what, especially in the event of a dispute. If an adjoining owner dissents to the party wall notice, the building owner must appoint a surveyor to represent them. While technically anyone can take on the role of a surveyor, it’s crucial to choose someone who is professional, impartial, and has a solid understanding of construction, party wall procedures, and the necessary qualifications.
What is the Role of a Party Wall Surveyor?
The Party Wall surveyor is responsible for acting on behalf of the involved parties to minimize risks—such as potential damage to buildings—and ensure that the Party Wall procedures in the Act are followed to the letter. In cases of dispute, the surveyor prepares a Party Wall Award, which outlines how the work should be carried out to prevent or mitigate damage.
What is an Agreed Surveyor?
Typically, each party involved in the construction (the building owner and the adjoining owner) can appoint their own surveyor. This means you’ll end up with two surveyors, two sets of fees, and more back-and-forth communication. Alternatively, parties can choose to appoint a single agreed surveyor. An agreed surveyor is one that both parties mutually select and appoint. This surveyor will independently handle the process, acting impartially to administer the procedures of the Party Wall Act.
Why Should You Use an Agreed Surveyor?
- Lower Costs
One of the main advantages of using an agreed surveyor is the potential cost savings. Instead of paying for two separate surveyors, both parties share the costs of the one agreed-upon surveyor. - Faster Process
With only one surveyor involved, the process of preparing and agreeing on the Party Wall Award tends to move much more quickly and smoothly. This can be especially helpful if you’re on a tight timeline. - Simpler Communication
When there’s only one surveyor handling the matter, you avoid the delays that can arise from coordinating between multiple professionals. A single surveyor streamlines communication and decision-making.
Disadvantages of Using an Agreed Surveyor
While appointing an agreed surveyor offers clear benefits, there are some potential drawbacks:
- No Third Party
When you only have one surveyor, there’s no “third party” to offer an additional perspective. If either party disagrees with the Party Wall Award, the only option is to appeal the decision through the County Court, which could be a time-consuming and costly process. - Possible Impartiality Concerns
In situations where there’s tension between neighbours, the agreed surveyor may find themselves in a difficult position, trying to mediate a dispute where trust is lacking. In cases of personal conflict, this can undermine the surveyor’s ability to act impartially, which may affect the overall process. - Potential for Delays
If the agreed surveyor is unwilling or unable to act, the Party Wall Act gives either party the right to request action. If the surveyor fails to act within 10 days, a different surveyor can be appointed, either as a second agreed surveyor or two separate surveyors. This could lead to delays if the situation isn’t resolved promptly.
Can I Use My Neighbour’s Surveyor?
Yes, it’s possible! Adjoining owners have the option to use their neighbour’s surveyor as an agreed surveyor, provided the building owner has not already appointed their own surveyor. This can be a helpful option for adjoining owners who feel comfortable with the other party’s surveyor and would prefer to avoid the costs and complications of hiring their own.
Unfortunately, many building owners aren’t aware of this option, and their surveyor might not mention it. At Simple Survey, we always make sure our clients are informed of all their options, even if it means losing an instruction. We believe it’s important for everyone involved to know that using an agreed surveyor could be a cost-effective and efficient choice.
Final Thoughts
The decision to use an agreed surveyor can significantly simplify and expedite the process of dealing with party wall matters. It’s a great option for many, but it’s important to consider the dynamics between the building owner and adjoining owner to ensure that the decision will work for everyone involved.
If you’re uncertain whether an agreed surveyor is the best option for your project, we’d recommend discussing it with an experienced surveyor who can guide you through the decision-making process and help you understand the potential advantages and risks.
At Simple Survey, we’re here to support you through every step of the Party Wall process, ensuring that the procedure is handled with care and professionalism.