Party wall surveyor
Contents |
[edit] Overview
The Party Wall etc. Act 1996 provides the legal basis for the prevention and resolution of disputes in relation to party walls, boundary walls and excavations near neighbouring buildings.
A party wall surveyor provides a specialist role in resolving disputes between neighbours under the Act. Party wall surveyors have a duty to the Act rather than to the individuals appointing them and they resolve matters in dispute in a fair and practical way.
[edit] Who can be appointed as a surveyor?
Under the Act, a 'surveyor' is any person who is not party to the works. Therefore, the property owner cannot act for themselves but anyone else is permitted to take on the role.
The surveyor should however be experienced in construction and have knowledge of procedures under the Act (ref. Department for Communities and Local Government 2013).
[edit] Party wall award
If both parties agree on the appointment of a surveyor (an ‘Agreed Surveyor’), they will draw up an agreement (an ‘Award’) to resolve the dispute. Alternatively, each party can appoint their own surveyors to draw up the Award together (or select a third surveyor to determine the Award). An Award is a legally binding document that includes the following:
- The work that will be carried out.
- How and when the work will be carried out.
- Any additional work required.
- Provision of access for the surveyor(s) to inspect the works as necessary.
(Ref. Department for Communities and Local Government 2013.)
The Award may also include a record of the condition of the neighbouring property before works begin.
If the neighbour does not agree with the Award, it is possible to appeal to the county court within 14 days of issue.
For more information see Party Wall Act.
[edit] Find out more
[edit] Related articles on Designing Buildings Wiki
- Appointing consultants.
- Party structure notice.
- Party wall act.
- Responsibility for boundary features.
- Right of support.
- Stakeholders.
- Third-party dependencies.
- Trespass.
[edit] External references
Featured articles and news
Starting a new built environment degree? We have a wide range of resources aimed at students.
Former railway chief James Blake says trust and control are key to successful infrastructure projects.
Do you know your Rococo from your De Stijl, your Gothic from your Post-modernist?
May outlines a new funding strategy for housing associations and says the 'stigma' of social housing needs to end.
RIBA launches a consultation on a new Plan of Work for Fire Safety.
This article offers some basic rules to follow when writing your next specification.
The iconic Mackintosh Building will definitely be rebuilt, board chairwoman confirms.
The machinery used to fashion stone has changed dramatically - and so have the products.
This type of pile provides support to the building, as well as acting as a heat source and a heat sink.
Why investors are adopting the SDGs and why civil engineering could be crucial for delivering them.
Read about all the winners from the London ceremony of CIAT's 2018 Architectural Technology Awards.