What is a Building Owner’s Surveyor?
Under the Party Wall etc. Act 1996, the building owner is the person proposing works that may affect a party wall, boundary structure, of nearby foundations. This can include extensions, loft conversions, basement works, or structural alterations. After the building owner serves a party wall notice, the adjoining owner has the option to consent or dissent. If they dissent, or simply do not respond within the statutory timeframe, a dispute is deemed to have arisen under the Act.
At this point, a party wall award is required, and surveyors must be appointed. The building owner’s surveyor is the surveyor appointed by the person carrying out the works and is responsible for:
• Representing the building owner’s interests.
• Working alongside the adjoining owner’s surveyor to enable the works to proceed.
• Preparing, agreeing, and serving the party wall award.
• Ensuring the proposed works comply with the Act and proceed with minimal disruption to the adjoining owner.
A crucial point to understand is that although the building owner’s surveyor is appointed (and typically paid) by the building owner, they have a statutory duty to act impartially. Their role is not to ‘win’ on behalf of the building owner, but to apply the Act fairly and consistently for the benefit of both parties.
What Does a Building Owner’s Surveyor Actually Do?
The role of a building owner’s surveyor is varied and involves a balance of technical expertise, legal understanding, and clear communication. Their core duties typically include the following.
Reviewing the Proposed Works:
The surveyor will review drawings, structural details, and method statements to understand the scope of the works and confirm whether, and how, they fall under the Act.
Serving or Confirming Notices:
They ensure that valid party wall notices are served correctly, that the right notice types are used, and that statutory timeframes are properly followed.
Liaising with the Adjoining Owner’s Surveyor:
Where the neighbour appoints their own surveyor, the two surveyors will communicate directly, inspect the site, review the proposals, prepare a photographic schedule of condition and negotiate the terms of the award.
Preparing a Schedule of Condition:
A Schedule of Condition records the condition of the adjoining property before works begin.This helps protect both parties should damage be alleged later and is a key part of most awards.
However, bear in mind that a schedule of condition is not a requirement of the Act, but best practice.
Negotiating and Agreeing the Party Wall Award:
The party wall award is a legally binding document setting out:
• What works are permitted.
• How and when they can be carried out.
• Access arrangements.
• Protective arrangements.
• Procedures to follow if damage occurs.
Managing Disputes:
If disagreement arises during the process, the building owner’s surveyor works within the framework of the Act to resolve matters fairly and proportionately.
Throughout all of this, impartiality is critical, regardless of who is paying the fees.
Building Owner’s Surveyor VS Adjoining Owner’s Surveyor:
It’s a common misconception that each surveyor is ‘on the side’ of the person who appointed them. In reality, both surveyors must act impartially and independently under the Act. That said, their focus naturally differs:
• The building owner’s surveyor ensures the works comply with the Act and that the building owner meets their legal obligations.
• The adjoining owner’s surveyor focuses on protecting the adjoining property from unnecessary risk, disruption, or damage.
Despite this, both surveyors must cooperate, apply the same legislation, and agree a fair and balanced award. In some cases, both owners may agree to appoint a single agreed surveyor, who acts impartially for both parties. This approach can simplify matters and reduce fees, but it’s only suitable where the works are relatively straightforward and both parties have confidence and trust in the surveyor’s independence.
How to Appoint a Building Owner’s Surveyor?
Appointing a building owner’s surveyor is straightforward, but choosing the right person is essential. A few key steps include:
Start Early:
Ideally, speak to a surveyor before serving notice. While a surveyor should not be formally appointed unless a dispute arises, early advice can prevent errors and delays.
Check Experience and Expertise:
Party wall surveying is a specialist area. There are no formal qualification requirements under the Act, so experience in party wall matters, construction, and building pathology is vital.
Make the Appointment in Writing:
Once a dispute exists, your surveyor should provide a formal appointment letter or form to confirm their role.
Provide Full Information:
Supplying drawings, method statements, and project timelines allows your surveyor to prepare an effective award and reassure and the adjoining owner.
A good surveyor will manage the process from start to finish, communicating clearly and fairly throughout.
Who pays the Surveyor’ Fee?
In most cases, the building owner pays all surveyor fees, including those of the adjoining owner’s surveyor. This reflects the principle that the party proposing the works should pay for the process. However, fees must always be:
• Reasonable.
• Proportionate to the complexity of the works.
• Agreed or fairly awarded.
If an adjoining owner’s surveyor’s involvement becomes excessive or unreasonable, the building owner’s surveyor may challenge those fees, potentially making the adjoining owner responsible for part of the cost. Clear fee discussions at the outset help avoid surprises later on.
Best Practice Tips for a Smooth Party Wall Process:
To keep things running smoothly:
• Start early and seek advice before serving notice.
• Speak openly with your neighbour.
• Use clear drawings and method statements.
• Choose an experienced party wall surveyor.
• Stay transparent and responsive.
• Respect the process – invalid notices can halt works.
Final Thoughts:
The building owner’s surveyor plays a vital role in navigating the Party Wall etc. Act 1996. Their job is to protect both your project and your legal position, while ensuring the process remains fair and proportionate for everyone involved. Taking professional advice early, and choosing the right surveyor, can make all the difference to the success of your project.
If you would like to speak to a Chartered Surveyor about any upcoming projects, we would be happy to help!
If you’re planning any notifiable building works for within the next year, you need to start now. At Harrison Clarke, we regularly work with homeowners on party wall notices and all of the related issues that can come with them. We can help you strategize your party wall notices so that they’re not an afterthought, and can even improve the chances of neighbour consent and reduce costs. If that sounds like something you’d need help with, just give us a call on 023 8155 0051 to speak with one of our experts.
For more expert advice on surveying and property matters, check out our range of informative videos on our website or YouTube channel. Harrison Clarke Chartered Surveyors is here to guide you every step of the way!
At the time of writing, we have a total of 155 reviews across Trustpilot and Google. We are proud to say that the average rating is over 4.9/5.
