Party wall surveyor
Encyclopedia
The term party wall surveyor is frequently used to describe a person who specialises in resolving disputes arising under the Party Wall etc Act 1996
. This legislation is only applicable to England
and Wales
, which, on 1st July 1997, replaced Part VI of the London Building Acts (Amendment) Act 1939, which was only applicable to the Inner London
Boroughs.
A surveyor appointed under the provisions of the Act has a duty to the Act and not to the party or parties appointing him/her. There is no client-surveyor relationship in the normal sense, as the surveyor
has an 'appointing owner'. A person acting as a 'surveyor' under section 10 of the 1996 Act requires no qualifications as a surveyor (or any other profession) and can accept the appointment so long as he or she is not 'a party to the matter' in dispute.
In practice of course, it is best to appoint someone who has a good working knowledge of the Act. The party wall surveyor's role is to resolve differences between neighbours when building works to a party structure are proposed, or within specified distances from a neighbour's property. The surveyor (Agreed Surveyor where both parties concur in one person) or surveyors (where each party appoints their own surveyor) will resolve the dispute by making an Award, which is legally binding on both parties.
Party Wall etc Act 1996
The Party Wall etc. Act 1996 introduced a procedure for resolving disputes between owners of neighbouring properties, arising as a result of one owner's intention to carry out works which would affect the party wall, involve the construction of a party wall or boundary wall at or adjacent the line...
. This legislation is only applicable to England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
and Wales
Wales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
, which, on 1st July 1997, replaced Part VI of the London Building Acts (Amendment) Act 1939, which was only applicable to the Inner London
Inner London
Inner London is the name for the group of London boroughs which form the interior part of Greater London and are surrounded by Outer London. The area was first officially defined in 1965 and for purposes such as statistics, the definition has changed over time. The terms Inner London and Central...
Boroughs.
A surveyor appointed under the provisions of the Act has a duty to the Act and not to the party or parties appointing him/her. There is no client-surveyor relationship in the normal sense, as the surveyor
Surveying
See Also: Public Land Survey SystemSurveying or land surveying is the technique, profession, and science of accurately determining the terrestrial or three-dimensional position of points and the distances and angles between them...
has an 'appointing owner'. A person acting as a 'surveyor' under section 10 of the 1996 Act requires no qualifications as a surveyor (or any other profession) and can accept the appointment so long as he or she is not 'a party to the matter' in dispute.
In practice of course, it is best to appoint someone who has a good working knowledge of the Act. The party wall surveyor's role is to resolve differences between neighbours when building works to a party structure are proposed, or within specified distances from a neighbour's property. The surveyor (Agreed Surveyor where both parties concur in one person) or surveyors (where each party appoints their own surveyor) will resolve the dispute by making an Award, which is legally binding on both parties.