What is a Party Wall Surveyor?
A Party Wall Surveyor is an independent professional, appointed under the Party Wall etc. Act 1996, to help resolve disputes between property owners when notifiable works are planned. Their role is to make a legally binding decision, called an Award, which sets out how the works can proceed.
Who can act as a Party Wall Surveyor?
In theory, anyone who is not one of the owners involved in the dispute can act as a Party Wall Surveyor. In practice, the role is usually carried out by a professional with a detailed knowledge of construction and property law.
When is a Party Wall Surveyor appointed?
A surveyor is appointed once a dispute arises following service of a Party Wall Notice.
What is an Agreed Surveyor?
If both owners are happy to use a single surveyor, they can jointly appoint an Agreed Surveyor, who acts alone to resolve the matter.
What is a three-surveyor tribunal?
If each owner appoints their own surveyor, those two surveyors must then select a Third Surveyor. This creates a three-member tribunal. The Third Surveyor only becomes involved if there is disagreement or if one of the two appointed surveyors cannot act effectively.
What is a Third Surveyor?
A Third Surveyor is a neutral expert chosen by the two appointed surveyors. They can step in to decide disputed issues or, in some cases, issue an Award themselves.
What does “ex parte” mean?
If one surveyor refuses or fails to act, the other can step in and make an Award alone. This is known as acting ex parte.
Why is the role of the Party Wall Surveyor unique?
Unlike an arbitrator or mediator, a Party Wall Surveyor is a statutory appointee with a duty to act impartially and apply the law. Their decision (the Award) is legally binding and can only be challenged through the courts within strict time limits.
What does a Party Wall Surveyor actually do?
Their main job is to:
- Review the proposed works and ensure they comply with the Act.
- Decide how and when the works should be carried out.
- Protect the interests of both owners by recording a Schedule of Condition of the adjoining property.
- Make a binding Award setting out the rules for the works, including cost responsibilities.
- Address issues like damage, compensation, access rights, or security for expenses if needed.
Do both parties need to appoint a surveyor?
Not always. Both owners can appoint the same Agreed Surveyor. Otherwise, each appoints their own surveyor.
What if my neighbour refuses to appoint a surveyor?
If the Adjoining Owner does not appoint a surveyor within 10 days of being asked, the Building Owner can appoint one on their behalf, ensuring the process can move forward.
Does a Party Wall Surveyor “sign off” the works?
No. Once the Award is served, the surveyor’s role normally ends (functus officio). They do not monitor or approve the works, unless a further dispute arises (for example, over damage or compensation).
Who pays for the Party Wall Surveyor?
In most cases, the Building Owner (the one doing the works) pays, since they benefit from the project. If the works are for mutual benefit, costs may be shared.
How much does a Party Wall Surveyor cost?
Fees vary depending on the surveyor’s qualifications, location, and the complexity of the works. They usually charge an hourly rate plus expenses and VAT.
Can a Party Wall Surveyor be dismissed?
No. Once appointed, a surveyor cannot simply be “sacked”. The only exceptions are if they die or declare themselves unable to act.
What happens if my surveyor dies or resigns before an Award is made?
If that happens, the affected party can appoint a replacement. If they don’t, the remaining surveyors in the tribunal can proceed without them. If an Agreed Surveyor dies or steps down, the process must restart from the beginning.
Can I complain about a Party Wall Surveyor?
If you disagree with an Award, your only legal recourse is to appeal to the County Court within 14 days. Complaints to professional bodies may address conduct issues, but they do not overturn an Award.
✅ Need expert, affordable Party Wall Surveyors?
At Simple Survey, we keep the process clear, fast, and cost-effective. We’re known as the cheapest Party Wall Surveyors in the UK, and we’re here to protect your property rights with professionalism and fairness.
📩 Contact us today for no-obligation advice: team@simplesurvey.co.uk