When a building owner serves a party wall notice and the adjoining owner dissents, a dispute arises under the Party Wall Act. At this point, appointed surveyors play a key role in resolving the dispute. Their statutory appointment, confirmed through a formal letter, empowers them to act impartially and fairly to bring the matter to a resolution.
Key Functions of the Appointed Surveyor:
1. Assessing Design Information
Surveyors carefully review the design details that accompany the party wall notice. If the information is unclear or insufficient, they may request further details from the building owner’s design team. In complex cases, surveyors might also engage specialist checking engineers to ensure the structural integrity of the proposed works.
2. Acting with Impartiality
Though surveyors are appointed by one of the parties, they do not act as traditional client representatives. Their duty is to act impartially under the Party Wall Act, making decisions based on the law and evidence, not on personal preferences or demands. While they consider owners’ concerns, any issues beyond the scope of the Act are generally regarded as ‘neighbourly matters’ and are outside their jurisdiction.
3. Agreeing a Party Wall Award
The dispute resolution process concludes with the preparation and agreement of a Party Wall Award. This legally binding document specifies the nature, timing, and manner of the permitted works, as well as the obligations of the building owner. Draft versions are typically circulated between the surveyors and parties for review and amendment before the final Award is issued.
This structured process ensures that building works proceed fairly, minimizing conflict and protecting the rights and interests of all involved.