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Can I Appoint My Party Wall Surveyor as an "Agreed Surveyor" on Behalf of My Neighbour?
Thursday 21st November 2024
When undertaking building works that may impact a shared party wall or boundary, one of the questions that often arises is whether you can appoint your own Party Wall Surveyor as an "Agreed Surveyor" on behalf of your neighbour. The answer is yes, but there are important distinctions and considerations to understand first.
Under the Party Wall etc. Act 1996, you have two main options for how to appoint a surveyor in a Party Wall matter: you can either appoint a single “Agreed Surveyor” or two separate “Appointed Surveyors”. The choice depends on whether both parties (you and your neighbour) can reach an agreement or whether a dispute exists that needs to be resolved.
What is an "Agreed Surveyor"?
An "Agreed Surveyor" is a single surveyor chosen by both the building owner (the person carrying out the work) and the adjoining owner (the neighbour). This surveyor will be responsible for drawing up the Party Wall Award — the legal document that outlines the terms and conditions under which the works can proceed. The advantage of appointing an Agreed Surveyor is that it simplifies the process, reduces costs, and ensures that both parties are on the same page.
However, there are strict guidelines about who can act as an Agreed Surveyor. Crucially, the Agreed Surveyor should not be the same person you have hired to oversee or supervise your building works. This is because the surveyor must remain impartial and cannot act in a way that could favour one party over the other. If you already have a surveyor engaged for your works, you will need to appoint a separate surveyor to act as the Agreed Surveyor if both parties agree to this arrangement.
What is an "Appointed Surveyor"?
Alternatively, each party (the building owner and the adjoining owner) can choose to appoint their own Party Wall Surveyor. These surveyors are referred to as "Appointed Surveyors". The two Appointed Surveyors will then work together to draw up the Party Wall Award.
If the two Appointed Surveyors cannot agree on a specific aspect of the Award, they will jointly appoint a third surveyor (known as the "Third Surveyor") to make a final decision. The Third Surveyor’s role is to resolve any disagreements between the two Appointed Surveyors and ensure that a fair and impartial Award is reached.
What if the Neighbour Refuses to Appoint a Surveyor?
In cases where a dispute arises and the adjoining owner refuses to appoint a surveyor, the building owner can appoint a second surveyor on behalf of the neighbour. This allows the process to move forward despite the neighbour’s refusal.
However, in this scenario, the building owner cannot appoint an "Agreed Surveyor". Instead, they will need to appoint a second surveyor for the neighbour. Your Party Wall Surveyor will be able to guide you through this process, ensuring the dispute resolution procedure can continue without delay.
