Blogs
Party Wall Dissent Options
Thursday 21st November 2024
Carl O'Boyle BSc MRICS FCIOB MFPWS
Understanding Party Wall Dissent Options: What You Need to Know
If you're an Adjoining Owner approached with a Party Wall Notice, it's crucial to understand your rights and the options available to you.
Unfortunately, it's not uncommon for Building Owners to present a limited view, often suggesting that your only choice is to dissent and appoint an Agreed Surveyor from their preferred list—particularly if you want them to cover the surveyor's fees. However, this is far from the full picture.
Here's a clearer explanation of your options when dealing with Party Wall dissent.
Your Right to Choose a Party Wall Surveyor
As an Adjoining Owner, you have two primary options when you dissent to works:
1. Appoint an Agreed Surveyor
You can agree with the Building Owner to appoint a single Party Wall Surveyor who will act impartially for both parties. This approach can be cost-effective and is often favoured by Building Owners looking to save on fees.
2. Appoint Your Own Independent Surveyor
Alternatively, you can appoint your own independent Party Wall Surveyor. In this case, the Building Owner will also appoint their own Surveyor, and the two appointed Surveyors will collaborate to resolve any disputes. If they cannot reach an agreement, they will jointly select a Third Surveyor to act as an arbitrator.
Important Note: You are entitled to appoint any qualified Party Wall Surveyor of your choice—this does not need to be someone suggested by the Building Owner. Furthermore, the Building Owner is responsible for covering the reasonable fees of your appointed Surveyor.
Choosing the Right Surveyor
Selecting the right Surveyor is a critical decision. Once you sign a letter of appointment, the Surveyor you choose will have the authority to act on your behalf. Their decisions will directly impact you, and poor choices could lead to unnecessary stress and expense.
To ensure you select a competent and trustworthy professional:
• Do Your Research: Use search engines and review platforms to investigate potential Surveyors. Look for reviews, case studies, or any concerning reports about overcharging or poor service.
• Read the Contract Carefully: Some Surveyors include hidden clauses in their contracts, allowing them to pursue you for unpaid fees if the Building Owner defaults. Make sure you fully understand the terms before signing.
• Seek Recommendations: If possible, ask for referrals from trusted sources who have dealt with Party Wall matters.
Beware of Overcharging and Hidden Clauses
Unfortunately, there are consultants in the industry known for exploiting Building Owners and Adjoining Owners alike. Overcharging is a frequent complaint, and some contracts contain clauses that unfairly transfer liability to Adjoining Owners if fees go unpaid by the Building Owner.
To protect yourself:
• Ask for Transparent Fee Structures: Before appointing a surveyor, request a detailed breakdown of their fees.
• Avoid Pressure Tactics: If the Building Owner insists on you appointing their suggested Surveyor, remember that the decision is ultimately yours.
