What is a 10(4) Surveyor?
A 10(4) Surveyor is the Party Wall etc Act’s formal term for a Party Wall Surveyors who is appointed when an adjoining owner does not respond to the Party Wall Notice served upon them.
When does it apply?
In the event that an adjoining owner has not responded to the Parth Wall Notice, the Act allows the building owner to appoint a surveyor on their behalf.
The Act’s wording is in place to ensure that non response doesn’t thwart, stall or stop the planned works and ensures the Act’s procedures can still be administered without undue delay.
In practise, this means that if an adjoining owner has refused to appoint a surveyor, or neglected to appoint a surveyor, the building owner can make that appointment on their behalf.
In other words, if they do not respond to the Party Wall Notice, the building owner will have the legal right to appoint a surveyor on their behalf.
What does a 10(4) Surveyor do?
A 10(4) Surveyor is going to undertake all of the same activities as if he or she had been appointed on behalf of the adjoining owner in the conventional manner.
This is going to include;
Reviewing the building owner’s proposed plans from the perspective of the adjoining owner’s property.
Completing a pre-works Schedule of Condition Report of the adjoining owner’s property. Albeit, if they do not ever make contact with the adjoining owner, it is likely this will be done from the street, or from the building owner’s garden.
Finally, the agreement of the Party Wall Award. This will conclusively give the building owner the right to undertake their planned works.
Adjoining Owner Tip
We would advise that when a Party Wall Notice is served, irrespective of their position or opinion on the works, they should always respond to that.
In responding, they will ensure that they have the right of free choice of an appointment of a Party Wall surveyor.
Building Owner Tip
We would advise that you do your best to make sure that the adjoining owner does indeed receive the Party Wall Notice. This may be as simple as printing a copy and handing it to them, sending via email, SMS or other means.
Ultimately Party Wall Notice response is going to avoid the chance of further issue down the line, and maintain your neighbourly relations.