When a building owner is planning on undertaking construction work that falls within the jurisdiction of the Party Wall etc Act 1996. They are legally required to serve a Party Wall Notice upon their neighbour, the adjoining owner.
The notice will set out the nature of the works and provides the adjoining owner with three response options.
Firstly, the adjoining owner can consent to the notice which will essentially end the party wall procedures and allows the building owner to proceed with their works.
Adjoining owners are given the right to dissent further down the line, however this will usually be as a result of some form of dispute as opposed to a change of heart on response.
Alternatively, the adjoining owner has the option to dissent to the notice and either appoint what’s called an ‘Agreed Surveyor’ or appoint their own independent Party Wall Surveyor.
It’s not uncommon for owners to misinterpret the word ‘dissent’. When an adjoining owner dissents to the works, they are not necessarily opposing the planned works, instead, they wish to receive a Party Wall Surveyor’s input to ensure their interests are best considered.
If an adjoining owner opts for the ‘Agreed Surveyor’ response, a single Party Wall Surveyor will be appointed to act behalf of the building owner and the adjoining owner to administer the Act.
The agreed surveyor’s role will be to act impartially for both parties, ensuring that both interests are considered.
It’s not uncommon for owners to take the view that an ‘Agreed Surveyor’ cannot act impartially which is why they opt to appoint their own independent Party Wall Surveyor. However, Party Wall Surveyors are duty bound to act impartially.
Regardless of which notice dissent option the adjoining owner opts for, they will not find themselves liable for any of the surveyor fees as they are gaining no benefit from the building owners proposed works.
Agreed surveyor appointments brings benefit to the building owner, as they will only be liable for the fees of one surveyor rather than two.
Furthermore, having one surveyor brings time efficiencies as there are not any communication delays between two surveyors.
Be sure to select your surveyor wisely as it is a little-known fact that ‘Party Wall Surveyor’ is not a protected term. This means that anyone can refer to themselves as one.
We would advise your Party Wall Surveyor is selected off their merit, experience and qualification as that will ensure you’re getting a safe set of hands for the job.