Under the Party Wall etc. Act 1996, a Third Surveyor is a designated surveyor who serves a specific role in the resolution of disputes that may occur during the party wall process.
The Act outlines the appointment and responsibilities of a Third Surveyor as follows:
Selection: The Party Wall etc. Act 1996 provides provisions for the selection of a Third Surveyor.
Typically, the selection: of a Third Surveyor is made by the two appointed party wall surveyors (one representing the building owner and the other representing the adjoining owner) or by the parties involved in a party wall dispute.
If the two appointed party wall surveyors cannot agree on a Third Surveyor, an application can be made to a local building control officer to make one on the respective surveyors’ behalf.
Role: The primary role of the Third Surveyor, as outlined in the Act, is to act as an impartial and independent figure in the event of a dispute between the building owner and the adjoining owner or between the two appointed party wall surveyors.
The Third Surveyor’s responsibility is to make a fair and unbiased decision to resolve the dispute.
Resolution of Disputes: When a dispute arises, the Third Surveyor can be called upon to review the issues and make a determination.
The decision made by the Third Surveyor, referred to as a Third Surveyor Award, is legally binding and must be followed by all parties, in accordance with the Party Wall etc. Act 1996.
Costs: The Act specifies that the costs associated with the involvement of the Third Surveyor are typically be determined by the Surveyor’s Award. This ultimately means that either the building owner, or adjoining owner could find themselves liable for all, or a proportion of the fees.
The selection of a Third Surveyor is a crucial aspect of the Party Wall etc. Act 1996, as it helps ensure that disputes related to party wall matters are resolved fairly and impartially.
The Act establishes a legal framework to guide the role of the Third Surveyor in reaching decisions that comply with the law and protect the interests of both building owners and adjoining owners involved in party wall disputes.