Can One Party Wall Surveyor Act for Both Owners?

Rectory Surveyors

Aug 12

5 min read

Can One Party Wall Surveyor Act for Both Owners?

When a dispute arises under the Party Wall etc. Act 1996, the building owner and adjoining owner do not necessarily have to appoint separate surveyors. The Act allows both owners to agree upon the appointment of one person, known as the Agreed Surveyor. This can reduce duplication and costs, but is suitable only where both owners accept the surveyor’s independence and ability to act impartially.

What Is an Agreed Surveyor?

An Agreed Surveyor is one person jointly appointed by both owners to resolve the statutory dispute. The surveyor does not act as the personal representative or advocate of either party. Once appointed, the surveyor performs a statutory role and must consider the rights and interests of both owners. The function is to resolve matters within the Act fairly and prepare a Party Wall Award regulating the notifiable work.

When Is a Surveyor Required?

A statutory surveyor is not required merely because a Party Wall Notice has been served. The adjoining owner may consent to the proposed work in writing. If consent is provided, no dispute exists at that time and an Award is not normally required.

If the adjoining owner does not consent, or fails to respond to certain notices within 14 days, a dispute may arise under the Act. The owners can then appoint one Agreed Surveyor or each appoint a separate surveyor.

The Government’s explanatory booklet provides an overview of this procedure:

https://www.gov.uk/government/publications/preventing-and-resolving-disputes-in-relation-to-party-walls/the-party-wall-etc-act-1996-explanatory-booklet

Must Both Owners Agree?

Yes. Both owners must agree upon the identity of the Agreed Surveyor. The building owner cannot impose their preferred surveyor upon the adjoining owner. Similarly, the adjoining owner cannot require the building owner to accept a particular person. If agreement cannot be reached, each owner may appoint a separate surveyor. Those surveyors select a Third Surveyor, who may determine referred matters if required. The Agreed Surveyor route works best where communication remains constructive and both owners trust the surveyor to act impartially.

Can the Building Owner’s Existing Surveyor Be Appointed?

A surveyor who has already advised the building owner may potentially become the Agreed Surveyor if the previous involvement is disclosed and the adjoining owner expressly agrees. However, the surveyor must be able to move from advising one owner to performing the statutory role independently. If the adjoining owner has reasonable concerns about that arrangement, separate appointments may be more appropriate. Particular caution is required where the proposed surveyor has designed or supervised the building work. Questions about that design or supervision could create practical or professional difficulties when determining the dispute. The suitability of the appointment should therefore be considered before it is confirmed.

What Does the Agreed Surveyor Do?

The Agreed Surveyor will normally review the notices, architectural drawings, structural information and proposed construction methods. Further details may be requested where the design does not adequately explain the effect of the notifiable work. Relevant matters can include:

· The timing and manner of construction

· Measures required to reduce the risk of damage

· Temporary protection to the adjoining property

· Access required for work authorised by the Act

· Excavation and foundation details

· Structural connections to the party wall

· Procedures for reporting and making good damage

The surveyor then prepares and serves the Party Wall Award. This should identify the work that may proceed and the conditions applying to its execution. Relevant drawings and structural information will commonly be attached.

The surveyor’s jurisdiction is limited to matters arising under or incidental to the Act. Planning objections, loss of property value and unrelated neighbour disagreements cannot simply be determined through the Award.

Is a Schedule of Condition Required?

The Act does not expressly require a schedule of condition. Nevertheless, one is commonly prepared before work begins. It records the visible condition of relevant parts of the adjoining property through written observations and photographs. If damage is later reported, the schedule assists in determining whether the defect was already present.

This protects both owners. A small collection of general photographs may not provide an adequate record, particularly where significant cracking or delicate finishes already exist. The Agreed Surveyor may undertake the inspection personally or make suitable arrangements for the schedule to be completed as part of the process.

What Are the Benefits of One Surveyor?

The principal advantages are:

· Reduced duplication of professional work

· One point of communication

· Potentially lower overall fees

· Faster agreement of the Award

· Less risk of the owners viewing the process as adversarial

The procedure can be efficient where the project is properly designed and both owners cooperate. However, the least expensive appointment is not automatically the most suitable. The complexity of the work, condition of the adjoining property, quality of the design information and relationship between the owners must all be considered.

When Are Separate Surveyors More Appropriate?

Separate surveyors may be appropriate where the owners cannot agree upon one person or where either owner has reasonable concerns about the proposed appointment. They may also be suitable for particularly complex work or where substantial technical issues remain unresolved. Examples can include:

· Basement excavation and underpinning

· Significant structural alterations

· Requests for security for expenses

· Existing allegations of damage

· Serious disputes about access or construction methods

Separate appointments do not mean that the surveyors should adopt hostile positions. Both remain statutory surveyors and must act within the Act rather than simply argue for their appointing owners.

Who Pays the Fee?

Where the work is undertaken solely for the building owner’s benefit, the building owner will normally be responsible for the reasonable cost of preparing and serving the Award. This commonly includes the Agreed Surveyor’s reasonable fee and the cost of preparing the schedule of condition. Costs may be allocated differently where work addresses a shared defect or the adjoining owner requests additional work for their own benefit. The circumstances and relevant provisions of the Act must be considered.

Can an Agreed Surveyor Be Dismissed?

A statutory appointment differs from an ordinary consultancy instruction. An owner cannot simply dismiss the Agreed Surveyor because they disagree with the surveyor’s opinion or no longer wish to continue with that person. Both owners should therefore consider the proposed appointment carefully and select someone with suitable knowledge, experience and availability.

Is the Agreed Surveyor Route Suitable for Every Project?

No single arrangement is appropriate for every matter. For many rear extensions, loft conversions and other residential projects, an Agreed Surveyor can provide an efficient and proportionate route to an Award. The owners do not have to agree about every aspect of the work. They must, however, accept that the appointed surveyor will determine the relevant matters impartially. Where that confidence does not exist, separate surveyors may be preferable.

Need Advice About Appointing a Party Wall Surveyor?

We can act as an Agreed Surveyor where both owners consent to the appointment. We also accept separate appointments from building owners and adjoining owners where the two surveyor procedure is required. To learn more about our services, please visit:

https://www.rectorysurveyors.co.uk/post/how-to-talk-to-your-neighbours-about-party-wall-works-before-notices-go-out