Function of a Party Wall Surveyor 

The function of a Party Wall Surveyor

Pursuant of the Party Wall etc. Act 1996

1. Impartial Role

• The Party Wall Surveyor must be impartial, even if appointed by one owner.

• They act independently under the law, not as an advocate for either side.

• Their duty is to administer the Party Wall etc. Act 1996, ensuring both owners’ rights are protected.

2. Reviewing and Assessing the Proposed Works

• The surveyor examines the building owner’s plans to determine whether the proposed works fall under the Act — e.g.:

  • Cutting into or rebuilding a shared (party) wall.

  • Constructing a wall on or near the boundary.

  • Excavating within 3 or 6 metres of a neighbouring property.

• They ensure the works comply with structural and legal requirements to minimise risk of damage or dispute.

3. Preparing and Serving Notices

• The building owner must serve a Party Wall Notice on the adjoining owner(s) before starting certain types of work.

• The surveyor can:

  • Draft and serve the notice correctly.

  • Advise on notice periods and validity.

  • Handle responses (consent, dissent, or no reply).

4. Resolving Disputes

• If the adjoining owner dissents or does not respond, a dispute is deemed to exist under the Act.

• In that case, one or more Party Wall Surveyors are appointed to resolve it.

• The surveyor (or surveyors) will:

  • Review the proposed works.

  • Inspect the properties.

  • Record the current condition of the adjoining property (Schedule of Condition).

  • Decide how the work should proceed to safeguard both sides.

5. Preparing the Party Wall Award (Agreement)

• The Party Wall Award (sometimes called a Party Wall Agreement) is a legally binding document produced by the surveyor(s).

• It includes:

  • Description of the works to be carried out.

  • Conditions on how and when work should be done.

  • Access rights for the building owner and contractors.

  • Details of protective measures to prevent damage.

  • Procedures for resolving any damage or future disputes.

  • Reference to the Schedule of Condition.

6. Schedule of Condition

• The surveyor records the condition of the adjoining property before work begins.

• This provides a baseline record to help identify and resolve any damage claims afterward.

• Typically includes written descriptions and photographic evidence.

7. Monitoring Works and Damage Claims

• The surveyor may:

  • Visit during or after construction to ensure compliance with the Award.

  • Inspect and assess any alleged damage.

  • Determine the cause and arrange for repairs or compensation if needed.

8. Costs and Fees

• Generally, the building owner (the person doing the works) pays the surveyors’ reasonable fees, including those of the adjoining owner’s surveyor if two are appointed.

• However, this can vary depending on circumstances (e.g., if the adjoining owner requests extra work).

9. Post-Work Disputes and Enforcement

• If disputes arise during or after construction, the surveyor can:

  • Interpret or amend the Award.

  • Issue further determinations if necessary.

• Their decisions under the Award are binding unless appealed in the County Court within 14 days.

In summary

A Party Wall Surveyor acts as an independent statutory professional whose main functions are to:

• Ensure compliance with the Party Wall etc. Act 1996.

• Protect both parties’ interests.

• Prevent and resolve disputes through the Party Wall Award process.

Qualifications and Appointment of a Party Wall Surveyor

Who Can Be a Party Wall Surveyor

Under the Party Wall etc. Act 1996, a “surveyor” is defined broadly as any person who is not a party to the dispute.

• There is no specific qualification or formal registration required by law.

• However, in practice, it’s advisable to appoint someone with suitable knowledge and experience in construction, building surveying, or structural engineering.

Who Cannot Be a Surveyor

• The building owner or adjoining owner themselves cannot act as a surveyor in their own matter.

• Anyone with a conflict of interest (e.g., a relative or employee of one of the parties) should also not be appointed.

Appointment Process

1. When Appointment Arises:

   • If a notice is served under the Act and the other party dissents (or fails to respond within 14 days), a dispute is deemed to have arisen.

   • Each party must then appoint a surveyor to resolve the dispute.

2. Types of Appointment:

   • Agreed Surveyor: Both owners may jointly appoint one surveyor to act impartially for both sides.

   • Separate Surveyors: Each owner may appoint their own surveyor, who will then select a Third Surveyor to step in if they cannot agree.

3. Duties of the Surveyor:

   • Once appointed, a surveyor has a statutory duty to act impartially and in accordance with the Act — not as an advocate for the party who appointed them.

   • Their role is to make an award (Party Wall Award) setting out the rights and obligations of both parties.

Revoking Appointment

• Once appointed under the Act, a surveyor cannot be removed by the appointing owner unless they declare themselves incapable or die.

• This ensures independence and continuity throughout the process.

All Surveyors hold Professional Indemnity Insurance and liability to £1,000,000.   

Fixed fee from £695.00 + VAT for Notices, Schedule of condition and publishing the Award all undertaken by a skilled and qualified professional Building Consultants.  

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This is compared to other companies who may try and charge you up to £2000 for exactly the same service. 

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