A Party Wall Surveyor is an independent specialist who ensures building projects comply with the Party Wall etc. Act 1996. Their responsibility is to protect both the building owner and the neighbour by managing risks, preventing disputes, and resolving issues relating to shared walls, boundaries, and excavations near adjoining properties.
Understanding the Party Wall Act
The Party Wall etc. Act 1996 provides a legal process for specific types of building work that may affect neighbouring property. It covers:
- Party walls – walls shared between two properties.
- Party fence walls – freestanding boundary walls not forming part of a building.
- Excavations – digging works close to a neighbour’s foundations (usually within 3–6 metres).
The Act sets out how property owners must notify neighbours, obtain consent (or resolve disputes), and ensure works proceed lawfully.
The Duties of a Party Wall Surveyor
Surveyors are impartial professionals appointed to oversee compliance with the Act. Their role includes:
Advising the Building Owner
- Assessing whether the proposed works fall under the Act.
- Preparing and serving the correct notices, typically at least two months before work starts.
- Explaining the building owner’s obligations and highlighting potential risks.
Supporting the Adjoining Owner
- Reviewing the notice and advising on the impact of the works.
- Safeguarding the adjoining owner’s rights under the Act.
- Recommending adjustments to the construction method if needed.
Preparing the Party Wall Award
If the neighbour dissents or a dispute arises, the surveyor (or surveyors) prepare a Party Wall Award. This binding legal document sets out:
- The scope and timing of the works.
- Conditions to minimise risk and protect the adjoining property.
- Access arrangements for contractors or surveyors.
- Provisions for damage, compensation, or remedial works.
- Dispute resolution procedures.
Resolving Disputes
Surveyors act as independent decision-makers. They can:
- Decide who is responsible for damage.
- Arrange compensation or repairs.
- Enforce compliance with the Award.
Types of Party Wall Surveyor Appointments
- Agreed Surveyor – one surveyor appointed jointly by both parties.
- Separate Surveyors – each party appoints their own, who then work together.
- Third Surveyor – if the two cannot agree, a third surveyor is selected to make a final determination.
Legal Status and Enforcement
A Party Wall Award is legally binding. If a building owner ignores the Act or proceeds without agreement, the adjoining owner may apply for an injunction or pursue legal remedies. Surveyors help ensure disputes are settled before they escalate into costly litigation.
Conclusion
A Party Wall Surveyor plays a vital role in keeping construction projects lawful, fair, and dispute-free. By ensuring compliance with the Party Wall etc. Act 1996, they protect neighbours, reduce risks, and allow building owners to carry out their works with confidence.
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