If you’ve recently appointed a party wall surveyor following the receipt or serving of a notice under the Party Wall etc. Act 1996, your surveyor should have explained the process of selecting a Third Surveyor. Unlike when a single Agreed Surveyor is jointly appointed by you and your neighbour, having two separate surveyors means that a Third Surveyor must always be involved in resolving any disputes.
When Is a Third Surveyor Needed?
Under the Act, if two surveyors are appointed, either you or your neighbour can request the involvement of a Third Surveyor before an Award is issued, to resolve any disagreements regarding the proposed works outlined in the notices.
As outlined in Section 10(1)(b) of the Act, both your appointed surveyor and your neighbour’s must promptly select a Third Surveyor to form the statutory tribunal. According to Section 10(11), either party or their respective surveyor can refer the matter to the Third Surveyor. Once selected, both parties must be informed of the Third Surveyor’s details.
What Happens If a Third Surveyor Is Involved?
A referral to a Third Surveyor typically arises when there are disagreements or issues with the actions of the appointed surveyors. In most cases, you or your neighbour will be responsible for covering the Third Surveyor’s fees. The Third Surveyor will then decide how these costs should be fairly allocated in their Award.
Given the potential for additional costs, it’s important to discuss the possibility of involving a Third Surveyor and the implications of these fees with your appointed surveyor before a referral is made.
Key Points to Remember
- The Third Surveyor resolves disputes between your surveyor and your neighbour’s surveyor.
- Either party can request the Third Surveyor’s involvement.
- Failure to provide the details of the Third Surveyor could obstruct access to your legal rights.
- You and/or your neighbour may be responsible for the Third Surveyor’s fees, which will be decided by the Third Surveyor in their Award.
Conclusion: Prepare for Potential Disputes Early
It’s crucial to understand the role of the Third Surveyor and the associated costs in advance. By discussing these matters with your appointed surveyor, you can be better prepared for any disputes that might arise.
📩 Got questions or need help navigating the Party Wall Act?
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