What’s The Role of the Party Wall Surveyor?
The Party Wall surveyor’s job is to act on behalf of the relevant properties and parties to reduce risk (for example. damage to buildings or structures), and to make sure that the Party wall procedures laid out in the act are followed properly. If there’s any dissent or disagreement, then the surveyor will be responsible for preparing a photographic schedule of condition, and preparing and agreeing a Party Wall Award.
So What’s An Agreed Surveyor?
Each party is entitled to use their own surveyor, if they choose. But this does mean that there are two surveyors, two sets of fees, and a lot more back and forth involved. So instead, many people will decide to use an agreed surveyor instead. This just means that instead of having two separate surveyors involved, both parties agree on and appoint a single surveyor, who’s charged with independently administering the procedures of the Party Wall Act.
Why Should I Use an Agreed Surveyor?
The biggest advantage to using an agreed surveyor is that the building owner won’t have to pay for two sets of surveyor’s fees. It also makes the Party Wall process go much quicker and smoother if there’s only one surveyor preparing and agreeing the Award.
While it makes a lot of sense for the building owner to appoint an agreed surveyor, the adjoining owner has to agree to the appointment too. If the adjoining owner is uncomfortable with using an agreed surveyor, or they would like to appoint their own surveyor, then the building owner has no choice but to go ahead with two separate surveyors – and be liable for both surveyor’s costs.
Are There Any Disadvantages of Using an Agreed Surveyor?
Of course, there are some disadvantages too. If you’re using an agreed surveyor, there will not be a third surveyor. This means that if one of both of the parties disagrees with the agreed surveyor, their only option will be to appeal the Award through the County Court. You will need to speak to your legal advisers before you go down this route.
However, if you end up in a scenario where the agreed surveyor neglects to act, then the Party Wall Act states that either or both owners may serve a request on them to do so. If they still don’t act for a period of ten days or more, another agreed surveyor or two separate surveyors can be appointed.
We also find that an agreed surveyor can sometimes end up ‘stuck in the middle’ of a debate. This often happens when relationships between neighbours are challenging, making it difficult for the agreed surveyor to settle dispute if there’s a lack of trust. Especially if the neighbours disagree with the surveyor! That’s why it’s so important to understand the dynamic of the parties’ relationships when considering appointing an agreed surveyor.
Can I Use My Neighbours Surveyor?
Absolutely! As long as the building owner hasn’t appointed a surveyor to act on their behalf, you can offer to use the neighbour’s surveyor as an agreed surveyor if the surveyor is happy to do so. Unfortunately, a lot of surveyors working for building owners don’t explain that this is an option. At Harrison Clarke, we want to ensure that the best outcomes are achieved for both building owners and adjoining owners, and sometimes this means we lose an instruction to act as a building owner’s surveyor in the process! But we believe that building owners should be made aware of the option to appoint an agreed surveyor, even if it isn’t us!
If you would like to find out more about appointing an agreed surveyor, either as a building owner planning works or a neighbour who’s received a notice, just give our experienced Party Wall surveyors on 023 8155 0051. We would love to help.
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!
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