Blogs
Ensuring Professional Independence as a Chartered Witness
Wednesday 12th February 2025
Carl O'Boyle BSc MRICS FCIOB MFPWS
When concerns arise regarding my independence as a professional witness in neighbour disputes, it is important to clarify my role and responsibilities. As a chartered professional accredited by both the Royal Institution of Chartered Surveyors (RICS) and the Chartered Institute of Building (MCIOB), my duty is to act with impartiality and integrity in all matters, particularly those involving party walls, boundary disputes, or perceived nuisances. Below, I outline the fundamental principles that guide my approach.
Objective Approach: My duty is to provide an unbiased opinion based on the facts presented and the professional standards you are required to uphold. This means assessing the situation without favouring either party, regardless of who has appointed you or who might benefit from the outcomes of your report.
Professional Integrity: Both RICS and MCIOB codes of conduct emphasise integrity and honesty. I ensure that your findings and recommendations are based solely on your professional expertise and the relevant legal and regulatory frameworks.
Avoiding Conflicts of Interest: Ensure that there are no personal or financial interests that might influence my judgment. If any potential conflict of interest exists, it must be disclosed to all parties before proceeding.
Transparency: Clear communication is crucial. All parties should be kept informed about the process, methodologies, and basis on which conclusions are drawn. This transparency helps build trust and understanding, even when delivering information that may not favour one party.
Equitable Treatment: Treat all parties with fairness and respect, providing each an equal opportunity to present their case, share evidence, and respond to findings. This equitable treatment is fundamental to maintaining the integrity of the process.
Confidentiality: Maintain the confidentiality of all parties involved and handle sensitive information with care, disclosing it only where necessary and with appropriate permissions.
"I wish to remind both parties that as a RICS and MCIOB chartered professional, my role in this matter is to act with impartiality and independence. My assessments and conclusions are based solely on professional judgment and adherence to statutory and regulatory requirements. It is my duty to ensure that all findings and recommendations are fair, unbiased, and free from any personal or financial conflicts of interest. This approach is essential to deliver a trustworthy and credible report that aids in resolving the dispute equitably."
