As the Building Owner’s Surveyor, our role focuses on enabling the Building Owner to undertake their planned works while respecting the legal rights of the Adjoining Owner and reducing risk of damage and inconvenience to them.

Please find a brief list below of what you can expect from us, by appointing us as your Surveyor.

1. Explanation of Legal Framework:

• Clarify that the Party Wall etc. Act 1996 enables certain construction works, but it imposes obligations to protect the Adjoining Owner’s property and land.
• The Act requires formal notification to Adjoining Owners if works fall within its scope. Serving Notices as required for controllable works.

2. Role of the Building Owner’s Surveyor:

• As an appointed surveyor, our duty is to act impartially within our statutory role, even though we are appointed by the Building Owner. We must consider both parties’ interests and carry out our duties strictly in accordance with the Act and the jurisdiction given to us.
• Appointed surveyors are unable to determine matters that do no fall within the Act, but we can aid discussion between the parties where appropriate and necessary.
• The Building Owner’s Surveyor cannot act as an advocate solely for the Building Owner but must ensure compliance with the Act, acting in the best interest for both parties. This may mean that your own personal interest cannot be enforced.

3. Procedural Clarity:

• If the Adjoining Owner appoints their own surveyor, a Party Wall Award will need to be drafted and served without causing unreasonable delay to completing the process.
• If the Adjoining Owner dissents and appoints their own surveyor, both surveyors will jointly agree on the Award. A Third Surveyor will be selected by the two appointed surveyors from the onset, who will be available in the event that a matter, or matters cannot be agreed upon by the surveyors or the owners or you are not happy with a decision of the surveyors. The Third Surveyor will then provide informal advice or make a determination which the two Surveyors are bound by.
• The reasonable fees of the two surveyors typically falls with the Building Owner.
• The reasonable fee of the Third Surveyor is only chargeable where they are instructed to make a formal determination. In this instance, the Third Surveyor will also determine in what proportion their fees should be paid and by which party.
• Where one Agreed Surveyor is appointed, they will act impartially on behalf of both owners in progressing the matters.

4. Rights of Access:

• The Act provides the Building Owner with certain rights of access to the Adjoining Owner’s property (upon reasonable notice) to execute work.
• This access is limited strictly to works under the Act and does not grant unrestricted access to the adjoining property and must only follow following service of correct and proper notice.

5. Scope and Limitations of the Works:

• The Adjoining Owner’s surveyor will review the works only insofar as they fall within the scope of the Act.
• The Adjoining Owner cannot dictate how the works should proceed as long as they are executed in accordance with the Act and do not endanger their property.
• The appointed Surveyor(s) can determine how, what and when the work can be carried out. This will be detailed in the Party Wall Award.

6. Role of the Party Wall Award:

• The Party Wall Award will include details of the works permitted and covered by the Act, methods to protect the Adjoining Owner’s property, accompanying plans/documents and access provisions.
• The Award will set out a clear framework for the works and the rights and responsibilities of each owner, and once agreed by the Surveyors, it will legally protect them in proceeding.
• Where there is one Agreed Surveyor appointed, their Award is drafted and served by them only.
• A schedule of condition will be included in the Award, where access to the adjoining owner’s property/land is possible.

7. Pre-Construction and Condition Survey:

• A schedule of condition survey will be conducted on the Adjoining Owner’s property, which will serve as a baseline record in case of any post-works claims.
• For chimney breast removals, an adjoining owner can request for a flue test to ensure integrity of the remaining chimney and flue. It can be beneficial to do this as it will record any existing defects within the flue and avoid liability at a future date. The surveyors would determine whether this is reasonable or not and which owner should bare the costs.
• For ground floor extensions and basements, an adjoining owner can request a CCTV drainage survey prior to the works commencing. It can be beneficial to do this as it will record any existing defects within the sewer and avoid liability at a future date. The surveyors would determine whether this is reasonable or not and which owner should bare the costs.

8. Responsibility for Costs:

• The Building Owner usually covers the reasonable fees of the Adjoining Owner’s surveyor and any consultants, specialists etc that may be reasonably required as part of the process.

9. Content and Purpose of the Party Wall Award:   

• The Award will set out the rights of the owners and details of the proposed works relevant to the Act, the times the work may proceed, and safeguards to prevent damage to the adjoining owner’s property. It may also include other clauses, so much as relevant under the Act.
• The Award is a legally binding document that protects the adjoining owner’s rights while allowing the building owner to proceed with their work.
• The Award can be appealed by either party if they deem necessary. However, please liaise with your appointed surveyor in the first instance. The appeal must be lodged within 14 day of the date of service, with the day of service counting as day one. You are urged to obtain legal advice before appealing an Award.
• Once the Award is served, the building owner may begin their works. There is no requirement to wait 14 days, although this is at the risk of the Award being appealed and the works being required to stop. 

10. Expectations of your appointed surveyor 

• Your appointed surveyor shall act in strict accordance with the requirements of the Act to ensure your legal obligations are met. 
• Your appointed surveyor shall have due regard and consider their duty of care towards you and your adjoining owner(s). 
• Your appointed surveyor will act impartially and so, may not be able to take instructions from you. 
• Once an award is served, the appointment of the surveyor(s) typically expires, along with their statutory functions in the role as the appointed surveyor(s).
• The appointed surveyor(s) have no statutory role or jurisdiction in policing or project managing the works, nor the enforcement of any Award(s). Owners are encouraged to do all that is reasonably possible to resolve any future disputes amicably in the first instance. Any disputes arising that cannot be reasonably resolved between the parties, such as damage occurring, shall be dealt with under Section 10 of the Act, where the parties shall appoint surveyors to settle any disputed matters by Award. There may be additional costs if surveyors are appointed, the responsibility of which will be determined by the surveyor(s).
• Your appointed surveyor shall act to the best of their ability, but can only do this if all relevant information is shared with them, such as, but not limited to, current detailed drawings, Engineer’s designs, ground investigation reports etc. Where a document or design changes through the project, after notice has been served or before an Award is served, you should notify your appointed surveyor for advice.