Why Your Architect or Engineer Shouldn’t Serve Party Wall Notices
posted 30th July 2025
When planning building works that fall under the scope of the Party Wall etc. Act 1996, one of the first steps is to serve valid party wall notices on any affected adjoining owners. Understandably, many building owners look to their existing professional team for support, and it’s not uncommon for an architect or engineer to offer to handle this process. On the surface, this might seem a convenient and cost-effective option—but in practice, it can be a false economy.
Perceived Conflicts of Interest
The most significant issue is one of perception. When an architect or engineer—already heavily involved in the design and delivery of the building owner’s project—acts in a statutory capacity by serving party wall notices or proposing themselves as the agreed surveyor, it often raises red flags for adjoining owners.
Even if the professional in question is competent and acting impartially, the adjoining owner is likely to view their involvement as conflicted. After all, the architect or engineer has a vested interest in seeing the project go ahead on time and to plan. In the eyes of an adjoining owner, how can they then be fully independent?
This perception, whether justified or not, tends to lead to an immediate response: the adjoining owner appoints their own surveyor. What might have been a straightforward appointment of an agreed surveyor—saving time and money—now becomes a more expensive and time-consuming process involving two (or more) surveyors.
False Economy
Clients are often under the impression that involving their architect or engineer in serving notices will reduce costs. Ironically, the opposite can occur. Because the adjoining owner is more likely to appoint their own surveyor when a project architect or engineer serves the notices, the building owner becomes liable for the fees of two surveyors instead of one.
This added expense is avoidable. In many cases, if notices are served by an independent party wall surveyor from the outset, and the adjoining owner sees no design or contractual link to the building works, they may be more inclined to consent to the works—or at least agree to the appointment of a single, impartial agreed surveyor.
Procedural Risks
Serving notices under the Party Wall Act is a statutory procedure, and even minor errors can render notices invalid or open to challenge. While many architects and engineers are technically minded and familiar with construction law in general, they are not necessarily well-versed in the particular requirements and legal nuances of party wall procedure. A defective notice can delay the project significantly and open up risk of challenge at a later stage.
A professional party wall surveyor will ensure that notices are served correctly, with the appropriate plans, timing, and statutory references—all in line with best practice and legal precedent.
The Value of Independence
One of the most effective ways to de-escalate tensions and encourage cooperation from neighbours is to show a willingness to keep the process impartial and transparent. By instructing a party wall surveyor who is clearly independent of the design and construction team, the building owner can demonstrate goodwill and an understanding of the neighbour’s position.
This approach often results in a smoother process, fewer objections, and reduced risk of disputes.
Conclusion
While it might seem convenient to ask your architect or engineer to serve party wall notices, doing so often has the opposite effect of what building owners hope to achieve. The potential for perceived conflict of interest, the likelihood of incurring additional surveyor fees, and the procedural risks all suggest that appointing an experienced and independent party wall surveyor from the outset is the more effective and economical route.
At Tayross Associates Ltd, we provide clear, impartial advice from the very start of the party wall process. If you’re planning works that might be notifiable, get in touch today and let us guide you through it properly.
