Many homeowners are surprised to learn that a Party Wall Surveyor does not act solely for the person who appoints them. Under the Party Wall etc. Act 1996, the surveyor’s duty is to the Act itself, meaning they must act impartially to protect the interests of both the Building Owner and the Adjoining Owner. This independent role is what keeps the process fair and effective.
A Statutory Appointment
When a neighbour dissents to a Party Wall Notice, surveyors are appointed to resolve the dispute. Their role is statutory — they are legally bound to administer the Act. This means they cannot take sides, even if chosen and paid by one of the parties. Instead, they must ensure the works are lawful, proportionate, and carried out in a way that minimises inconvenience and risk.
What Surveyors Do
A Party Wall Surveyor’s responsibilities are broad. They examine the proposed works, review drawings and structural details, and consider how the works may impact the adjoining property.
The surveyor prepares the Party Wall Award, a legally binding document that sets out how the works should proceed. This includes working hours, protective measures, methods of construction, and provisions for making good any damage.
Agreed Surveyor or Separate Surveyors
Sometimes, both owners agree to appoint a single surveyor, known as the Agreed Surveyor. In other cases, each side appoints their own, and the two surveyors work together, calling on a third surveyor only if they cannot agree. Both approaches are valid, and the choice often depends on the level of trust between neighbours and the complexity of the works.
Why Their Role Matters
Without surveyors, disagreements could easily escalate into costly legal disputes. By acting impartially, surveyors provide reassurance to neighbours while enabling building owners to proceed lawfully. Their expertise ensures compliance with the Act and keeps projects on track.
Choosing the Right Surveyor
Although the Act allows anyone not involved in the works to act as a surveyor, in practice it is essential to appoint someone with technical knowledge and experience. A qualified Party Wall Surveyor will be familiar with construction practices, the legal framework, and the procedures for resolving disputes fairly.
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