When undertaking construction or renovation work, the Party Wall etc. Act 1996 often comes into play, particularly when the project involves shared walls or boundaries. Choosing the right surveyor is crucial, and an agreed surveyor can be an efficient and cost-effective option in certain situations. But is it the right choice for your job? Let’s explore this in detail.
A party wall surveyor is a professional responsible for resolving disputes and ensuring that all parties comply with the legal requirements of the Party Wall etc. Act 1996. They prepare and serve the party wall notice, inspect the property, and create an award that sets out the rights and responsibilities of the building owner and the adjoining owner(s).
Key Duties Include:
An agreed surveyor is a single surveyor jointly appointed by both the building owner and the adjoining owner to act impartially for both parties. Unlike each party appointing their own surveyor, this approach simplifies the process and can save time and money.
1. Cost-Effective
Appointing an agreed surveyor eliminates the need for each party to hire their own surveyor. Since only one surveyor handles the process, the overall costs are significantly reduced.
2. Time-Saving
With a single point of contact, communication and decision-making are streamlined, resulting in quicker resolutions and award issuance.
3. Reduced Conflict
The impartiality of an agreed surveyor helps build trust between parties, fostering a cooperative atmosphere.
4. Simplified Process
Fewer professionals involved mean less paperwork and fewer delays, making the entire procedure more efficient.
1. Impartiality Concerns
One of the primary concerns adjoining owners may have is whether the agreed surveyor can truly remain neutral, particularly if initially approached by the building owner.
2. Complex Disputes
In cases of significant disagreement or potential for extensive damage, having separate surveyors may provide more robust representation for each party.
3. Risk of Miscommunication
With only one surveyor, any miscommunication could potentially affect both parties, making clarity and transparency vital.
Consider an Agreed Surveyor If:
Experience and Qualifications
Ensure the surveyor is experienced in party wall matters and familiar with the Party Wall etc. Act 1996.
Reputation
Look for a surveyor with a proven track record of impartiality and professionalism. Online reviews and recommendations can be valuable resources.
Communication Skills
Select a surveyor who is approachable, transparent, and capable of explaining complex legal and technical aspects in simple terms.
Clear Fee Structure
Confirm the surveyor’s fee structure upfront to avoid hidden costs.
Initial Agreement Between Parties
Both the building owner and adjoining owner must agree to appoint a single surveyor. This should be documented for clarity.
Surveyor Selection
Choose a surveyor who meets the criteria discussed earlier and is mutually acceptable.
Appointment Letter
Draft a letter of appointment, detailing the surveyor’s responsibilities and terms of service.
Surveyor’s Role Commences
The surveyor will serve notices, inspect the property, and draft the party wall award, ensuring the interests of both parties are fairly represented.
Appointing an agreed surveyor can be a practical and efficient solution for managing party wall matters, but it’s not suitable for every situation. Carefully consider the nature of the project, the relationship between parties, and the level of complexity involved. With the right approach and a competent professional, an agreed surveyor can save time, money, and stress, ensuring a successful outcome for all parties involved.
For more information call us at 020 3875 9279 or email us.
Adam Joseph Chartered Surveyors is a trading name of Sherling & Partners Limited
Website: https://www.sherlingandpartners.co.uk
Registered Address: Balfour House, Suite 206, 741 High Road, North Finchley N12 0BP
Company Number: 10621087
VAT Number: 265816036
We serve clients in East Ham, Putney, North London, Essex, Finchley,
Birmingham, Richmond and Cambridge.
Our services includes Party Wall Surveyor & Level 3 Building Survey