PARTY WALL FAQs - Getting to know the Party Wall etc. Act 1996.
Friday 26th February 2021
Abbie Reid MSc BA Hons MFPWS
1. Who is an owner in accordance with the Act?
An owner as defined by the Act as anyone having an interest in a property that is greater than 1 year i.e. not an Assured Shorthold Tenant (AST).
2. How do you know who the owner is?
You can usually find out from the title registers by carrying out a search on this website: https://eservices.landregistry.gov.uk/eservices/FindAProperty/view/QuickEnquiryInit.do
3. Who can be a Party Wall Surveyor?
Technically anyone can be a Party Wall Surveyor, other than the owners themselves as it would be a conflict of interest. Whilst there are no formal qualifications required, it is always best to find someone with experience and who is a member of a governing body such as the Faculty for Party Wall Surveyors or the Royal Institute of Chartered Surveyors.
4. What is the period of time for the Adjoining Owner (neighbour) to reply to a notice?
They have 14 days to respond to the initial notice.
5. What happens if they don't reply to the notice?
If there is no response, another notice is served under Section 10(4), this gives them an additional 10 days to respond.
6. What happens if there is no reply to the ten day letter?
The Building Owner is then able to appoint a Surveyor on their behalf.
7. Can I appoint my own surveyor as the Agreed Surveyor?
No, it needs to be a separate Surveyor so that it is fair for all parties involved.
8. What is a letter of appointment?
This is a letter signed by the owners enabling the Surveyor to act under a statutory appointment for them to sign, serve and receive all and any notices on their behalf.
9. What is a Third Surveyor?
A Third Surveyor is selected by the Two Appointed Surveyors to assist in matters where the Two Surveyors cannot agree.
10. Can I replace my appointed Surveyor with another Surveyor?
No, the only way a Surveyors appointment can be terminated is if they pass away or they deem themselves incapable of acting.
If you have any further Party Wall related queries, please feel free to contact us on 0208 426 1448.