When it comes to party wall work, the Party Wall etc. Act 1996 sets out clear procedures to ensure construction near shared walls or boundaries is carried out fairly and safely. Central to this process are the surveyors who help protect the interests of both property owners. However, there can be confusion about the different roles, including a building owner’s surveyor, an adjoining owner’s surveyor, an agreed surveyor, and a third surveyor. Understanding the distinctions is essential for anyone involved in a party wall dispute or agreement.
1. Building Owner’s Surveyor
The building owner is the person intending to carry out the work, whether it is an extension, demolition, or other construction affecting a shared structure.
- Role of the Surveyor:
The building owner appoints a surveyor to act on their behalf in the party wall process. This surveyor’s job is to:- Advise the building owner on compliance with the Party Wall Act.
- Help prepare the party wall notice correctly.
- Negotiate any conditions or terms with the adjoining owner.
- Represent the building owner during the drafting of the Party Wall Award, if required.
- Key Point:
While this surveyor acts in the building owner’s interest, they must also ensure the work complies with legal requirements and is carried out fairly.
2. Adjoining Owner’s Surveyor
The adjoining owner is the neighbour whose property may be affected by the proposed works.
- Role of the Surveyor:
The adjoining owner can appoint their own surveyor to:- Assess the potential impact of the work on their property.
- Ensure adequate protection measures are in place.
- Negotiate amendments or conditions to safeguard their property.
- Represent them in the creation of the Party Wall Award.
- Key Point:
The adjoining owner’s surveyor acts solely in the interest of the adjoining property owner, protecting their rights and ensuring that any risks are addressed.
3. Agreed Surveyor
Sometimes, both the building owner and the adjoining owner agree to appoint a single surveyor to act for both parties. This surveyor is called the agreed surveyor.
- Role of the Surveyor:
- Prepare a Party Wall Award that is fair and legally compliant.
- Act impartially, balancing the interests of both owners.
- Handle negotiations and formal procedures efficiently, often reducing costs and complexity.
- Key Point:
The agreed surveyor must remain completely impartial. They cannot favour either party and are responsible for creating an Award that is legally binding and acceptable to both sides.
4. Third Surveyor
If the building owner and adjoining owner each appoint their own surveyor but cannot agree on certain matters, the Party Wall Act allows for the appointment of a third surveyor.
- Role of the Surveyor:
- Act as an independent arbitrator when the two surveyors reach a deadlock.
- Make final decisions on disputed matters, ensuring fairness.
- Draft a Party Wall Award if necessary, which is binding on both parties.
- Key Point:
The third surveyor is not appointed from either party and must act entirely independently. Their decision is final and legally enforceable.
Summary Table of Surveyor Roles
| Type of Surveyor | Appointed by | Role | Bias/Impartiality |
| Building Owner’s Surveyor | Building owner | Represents building owner; ensures compliance | Acts in owner’s interest |
| Adjoining Owner’s Surveyor | Adjoining owner | Protects adjoining owner’s property | Acts in owner’s interest |
| Agreed Surveyor | Both owners | Prepares fair Party Wall Award | Must be impartial |
| Third Surveyor | Appointed by surveyors | Resolves disputes between surveyors | Independent & impartial |
Conclusion
Choosing the right type of surveyor is crucial for smooth party wall procedures. Whether you are the building owner or the adjoining owner, understanding the differences between your surveyor, an agreed surveyor, and a third surveyor helps ensure that construction proceeds safely, legally, and with minimal conflict. By knowing these roles, property owners can navigate the Party Wall Act process confidently, protecting both property and neighbourly relations.