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Surveyors’ Authority to Act Independently Under the Party Wall Act
Wednesday 8th January 2025
Carl O'Boyle BSc MRICS FCIOB MFPWS
Under the Party Wall etc. Act 1996, a surveyor does not need written permission from either the building owner or the adjoining owner to prepare or serve a retrospective award. This is because the surveyors derive their authority from Section 10 of the Act, which empowers them to act independently once appointed. Here’s a breakdown of how and why:
1. Authority of the Surveyors
• Statutory Jurisdiction: Once a surveyor is appointed under Section 10 of the Party Wall Act (either by consent of the parties or through default appointment), the surveyor’s powers are statutory and not dependent on the consent of the owners. This means the surveyor can make decisions and issue an award independently.
• Retrospective Awards Are Permissible: The courts (as seen in Gray v Elite Town Management Ltd (2016)) have ruled that awards can be made even after works are complete. This confirms that surveyors have the jurisdiction to formalise matters retrospectively, including addressing deviations from the original notified works, assessing damages, and determining compensation.
2. Role of Written Permission
• No Requirement for Written Consent: Surveyors do not need written consent from the adjoining or building owner to issue an award. Once the surveyors are appointed, they have the legal authority to resolve disputes and issue awards under Section 10 of the Act.
• Surveyor’s Obligation: The obligation of the surveyors is to act impartially and in accordance with the Act, not according to the preferences or permissions of the owners.
• Adjoining Owner’s Objections: If the adjoining owner objects to a retrospective award, they may challenge it in the County Court under Section 10(17) of the Act. However, their challenge must be on legal grounds, not on the absence of consent.
3. Practical Approach
• Communication is Recommended (but not Mandatory): While permission is not required, surveyors should maintain open communication with both owners. Explaining the process and reasoning behind a retrospective award can help prevent unnecessary disputes.
• Transparency: The surveyor should notify both the building owner and the adjoining owner that a retrospective award is being prepared, the issues it will cover (e.g., damage, compliance, compensation), and the timeline for its service.
• Opportunity for Input: Surveyors may invite comments from the owners before issuing the award, but this is more of a procedural courtesy rather than a legal obligation.
4. Conclusion
A surveyor does not need written permission from the owners to prepare or issue a retrospective award. Their powers come directly from Section 10 of the Party Wall etc. Act 1996, and their role is to act impartially, resolve disputes, and document the status of works (even if those works are complete). While it’s good practice to communicate with the owners, the surveyor’s authority is not contingent on any owner’s consent.
