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We at Tayross Chartered Building Surveyors often get asked - What section of the 1996 Party Wall, et cetera act. Entitles me to employ an advising engineer/consultant at the building owners expense ?
Friday 4th August 2023
Carl O'Boyle BSc MRICS FCIOB MFPWS
Section 10(12) of the Party Wall etc. Act 1996 states that "the reasonable costs of any surveyor or engineer appointed under this section shall be paid by the building owner". This means that as an adjoining owner, you have the right to appoint a surveyor or engineer to act on your behalf, and the building owner is responsible for paying their reasonable costs.
While the Act does not specifically mention the term "advising engineer", the role of an advising engineer is generally considered to fall under the category of "surveyor or engineer" mentioned in Section 10(12). Therefore, you have the right to appoint an advising engineer to act on your behalf, and the building owner is responsible for paying their reasonable costs, as long as the engineer's services are necessary and reasonable for the purposes of the Act.
A advising engineer services would normally be deemed to be required for the construction of an adjacent basement or large retaining structure such as a retaining wall. It would not be justifiable to employ the services off an advising engineer at the building owners expense for such works as a domestic extensions, conversions etc. But it would be reasonable to employ their services also say for a new building with lower ground levels and retaining walls.
Here at Tayross, Carl is a Chartered Senior Surveyor with experience in Planning, Building, Surveying and Party Wall related matters. He is happy help with any questions you may have.
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