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Under the Party Wall et cetera act will I incur costs if I refer to the third surveyor as an adjoining owner ?
Thursday 29th June 2023
Carl O'Boyle BSc MRICS FCIOB MFPWS
Under the Party Wall etc. Act 1996, the costs of appointing a third surveyor are usually shared equally between the two parties involved in the dispute. However, if you, as an adjoining owner, refer the matter to a third surveyor without first attempting to agree with the building owner on the appointment of a third surveyor, you may be liable for the costs of the that surveyor.
Section 10(13) of the Party Wall etc. Act 1996 states that "the reasonable costs of any surveyor appointed or of any legal proceedings shall be paid by the building owner who is carrying out the work." However, if you refer the matter to a third surveyor without first attempting to agree on the appointment of a surveyor, you may be considered to have acted unreasonably and could be held liable for the costs of the third surveyor.
Therefore, it's important to try to agree on the appointment of a surveyor with the building owner before referring the matter to a third surveyor. If an agreement cannot be reached, you can then refer the matter to a third surveyor, but be aware that you may be liable for the costs of the third surveyor if you are found to have acted unreasonably.
If you have any questions regarding the Party Wall Act 1996, please do not hesitate to contact Carl O'Boyle at Tayross Associates, he is always happy to help.
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