10(4) Party Wall Surveyor Appointments

In order to understand a 10(4) Surveyor appointment we must first have an understanding of serving a ‘Party Wall Notice’ and a ‘10(4) Party wall Notice’ under the Party Wall etc Act 1996.

There are often scenarios where a homeowner (known as the building owner under the Party Wall etc Act 1996) would like to carry out construction works within their home. If the building owner undertakes construction works to their property that fall within the remit of the Party Wall etc Act 1996, they have a legal duty to serve a Party Wall Notice on the adjoining owner notifying them of these works. For example, excavation works can interfere with soil movement and possibly the foundations beneath. As a result, any such works may cause the adjoining owner to have structural or decorative damage to their property.

The adjoining owners who receive these Notices have 3 options available to them:

• Consenting to the works (with or without a Schedule of Condition Report).
• Dissenting to works and appointing their own Party Wall Surveyor.
• Dissenting to works and agreeing in the appointment of an ‘Agreed Surveyor’. An Agreed Surveyor means that one Surveyor acts on behalf of the Building Owner and the Adjoining Owner mutually and impartially.

Once the Notice is served, the Adjoining Owner will be given a 14-day response period under the Party Wall etc Act 1996 (there will also be an additional 2 days added for postage).

If at this point no response is received, then the Building Owner or the Party Wall Surveyor acting on their behalf can serve a ‘10(4) Party Wall Notice’ under the Party Wall etc Act 1996 which is an additional Notice allowing the adjoining owner a final and further 10 days to respond to the Party Wall Notice. Within the 10(4) Notice it will usually state the date the original Party Wall Notice was served and further describe the works that will be taking place in the Building Owner’s property.

If a 10(4) Party Wall Notice has been served and there still isn’t a response form the Adjoining Owner, the Building Owner or Party Wall Surveyor acting on their behalf can now legally proceed with the appointment of Surveyor under Section 10(4) of the Party Wall etc Act 1996, which allows the Building Owner to appoint a Surveyor on behalf of the non-responsive Adjoining Owner(s).

The appointed 10(4) Party Wall Surveyor will act impartially and help agree the Party Wall Award on behalf of the non-responsive Adjoining Owner. The Surveyor will attempt to make contact with the non-responsive owner. If they do begin communication at this stage, then the procedure would follow a similar route to if the non-responsive Adjoining Owner had chosen to dissent and appoint their own Party Wall Surveyor.

If however, the Adjoining Owner still fails to communicate with the appointed 10(4) Party Wall Surveyor , then the Building Owner’s Surveyor and the appointed 10(4) Party Wall Surveyor will work together to carry out an external Schedule of Condition Report, then agree and serve a Party Wall Award which will govern the works the building owner is proposing to carry out.

[edit] Related articles on Designing Buildings Wiki

• Adjoining buildings definition.
• Fence.
• Line of junction notice.
• Party wall act.
• Party structure notice.
• Party wall surveyor.
• Preventing wall collapse.
• Responsibility for boundary features.
• Right of support.
• Trespass.
• Wall types.
• What approvals are needed before construction begins.
• Who Pays for Party Wall Surveyor's Fees?

Comments

1. Understand the Role: First and foremost, understand the role of a party wall surveyor. They act as impartial third parties responsible for resolving disputes and ensuring that party wall agreements are fair and legally sound.
2. Check Qualifications: Ensure that the surveyor is qualified and experienced in party wall matters. Look for a surveyor who is a member of a relevant professional organization, such as the Royal Institution of Chartered Surveyors (RICS).
3. Independence: Choose a surveyor who is independent and impartial, meaning they do not have any conflicts of interest with either party involved in the dispute.
4. Get Recommendations: Seek recommendations from trusted sources, such as neighbors who have undergone similar processes or legal professionals who specialize in property law.
5. Obtain Multiple Quotes: Request quotes from several surveyors to compare their fees and services. Keep in mind that the cheapest option may not always be the best choice.
6. Check Insurance: Ensure that the surveyor has professional indemnity insurance to cover any errors or omissions in their work.
7. Review Contracts: Carefully review the terms of engagement or contracts with the surveyor to understand their scope of work, responsibilities, and fees.
8. Meet in Person: Schedule a meeting with the surveyor to discuss your specific situation and gauge their professionalism and communication skills.
9. Ask Questions: Don't hesitate to ask questions about the party wall process, your rights and obligations, and the surveyor's approach to resolving disputes.
10. Confirm Timeline: Clarify the expected timeline for the surveyor's work and the process for resolving disputes. Timely communication and actions are critical in party wall matters.