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Can I appoint my Party Wall Surveyor as an "Agreed Surveyor" on behalf of my neighbour?
Thursday 4th July 2019
Carl O'Boyle BSc MRICS FCIOB MFPWS
What is an "Agreed Surveyor" / What is an "Appointed Surveyor"
Under the Act both parties can use the same Party Wall Surveyor to draw up the Award if they so wish. This person is known as the "Agreed Surveyor". However, the Agreed Surveyor should NOT be the same person that you intend to employ or have already engaged to supervise your building work
Alternatively, each owner can appoint their own Surveyor (who is known in this case as the "Appointed Surveyor") to draw up the Award together. The two appointed surveyors will select a third surveyor (who would be called in only if the two appointed surveyors cannot agree). In all cases, surveyors appointed under the dispute resolution procedure of the Act must consider the interests and rights of both owners and draw up an award impartially. Their duty is to resolve matters in dispute in a fair and practical way.
Where separate surveyors are appointed by each owner, the surveyors must liaise with their appointing owners and put forward the respective owners' preferred outcome. However, the surveyors do not act as advocates for the respective owners. They must always act within their statutory jurisdiction and jointly prepare a fair and impartial award
If a dispute has arisen and the neighbouring owner refuses to appoint a surveyor under the dispute resolution procedure, you can appoint a second surveyor on his behalf, so that the procedure can go ahead.
In these circumstances you will not be able to appoint an "agreed surveyor". Your own surveyor will advise you on the appointment of a second surveyor on behalf of the Adjoining Owner.
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This article was written by Carl O'Boyle BSc MRICS FCIOB MFPWS. Carl is a full professional member of the Royal Institution of Chartered Surveyors, a member of the Faculty of Party Wall Surveyors and a Fellow of the Chartered Institute of Building for which he currently sits on the CIOB professional conduct committee and adjudications panel.
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