Party wall surveyor

Specialist in resolving disputes under the Party Wall etc Act 1996 in England and Wales

The Party Wall Surveyor is a professional who specializes in the resolution of disputes arising under the Party Wall etc Act 1996. As of 1 July 1997, this legislation was only applicable to England and Wales. It replaced Part VI of the London Building Acts (Amendment) Act 1939, which only applied to Inner London Boroughs.

Appointment and duties change

Surveyors appointed under the provisions of the Act have a duty to the Act and not to the party or parties that appointed them. As the surveyor has an 'appointing owner', there is no client-surveyor relationship in the normal sense. The person appointed as a 'surveyor' under section 10 of the 1996 Act is not required to possess surveyor qualifications (or any other profession) and may accept the appointment if he or she is not a 'party to the matter'.

It is possible for owners to appoint someone who has a good working knowledge of the Act. A party wall surveyor is responsible for resolving disputes between neighbours when proposed building works affect party structures, or are within a specified distance from a neighbour's property. The surveyor (Agreed Surveyor, where both parties agree on one individual) or surveyors (where both parties appoint their own surveyor) will resolve the dispute by making an Award, which is legally binding on both parties.

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