Thank you for clicking on today’s Property Surveying blog post. Today we are going to be looking at party wall surveying procedures.
This blog post will take an informed look at third surveyor party wall surveyors from the perspective of a party wall surveyor.
A third party wall surveyor is often a little known part of the party wall surveying procedures.
Third party wall surveyors, also commonly referred to as third surveyors, are in place for every party wall file or case whereby there is a respective building owner’s surveyor and adjoining owner’s surveyor in-situ.
What is a Third Surveyor?
A third surveyor is the Party Wall etc. Act 1996’s dispute resolution procedure.
A third surveyor will be selected by both the building owner’s surveyor and adjoining owner’s surveyor, usually at the very start of the party wall surveying process.
The third surveyor much like the building owner’s and adjoining owner’s party wall surveyor will be a party wall surveyor themselves, who also will likely undertake professional work on behalf of clients in the same manner that both respective building owners and adjoining owner’s party wall surveyors will.
Why is a Third Surveyor Selected?
A third surveyor is selected to ensure that should there be any form of dispute or disagreement between the two respective party wall surveyors, that there is an all important resolution in place to resolve that dispute.
As with any legal procedure, it is not uncommon for disputes to arise between the two respective party wall surveyors or parties.
If the Act had not taken this into account, effectively any stalemate or disagreement between the two respective surveyors, would quickly lead to a situation whereby the all important construction works would not be able to progress on site.
Mainly because the two surveyors were unable to agree on the procedures and way forward.
What if I Don’t Agree with the Third Surveyor?
Building owners and adjoining owners will often never have any interaction with the third surveyor his or herself.
Equally, the building owner’s party wall surveyor and adjoining owner’s party wall surveyor are unlikely to ever get in touch with the third surveyor, or indeed inform him or her that he has been selected.
Instead, the surveyor will simply be referenced and named, with that surveyor usually unlikely knowing they have been selected as the third party wall surveyor.
If the building owner or adjoining owner is not in agreement with who the two respective party wall surveyors have selected as the third surveyor, unfortunately there is nothing they can do within the realm of the Party Wall etc. Act 1996 to change or remove that surveyor from the dispute resolution procedures.
Who Pays for a Third Surveyor?
As set out above, the third surveyor will only ever be selected by the building owner’s party wall surveyor and adjoining owner’s party wall surveyor.
The third surveyor’s selection will convert into an appointment if indeed the two respective party wall surveyors want to refer something to him or her.
Or, alternatively if the two respective owners want to refer something to him or her.
At that point the third party wall surveyor will formally become appointed to resolve the dispute at hand.
The party wall surveyor’s fees will very much lie with the outcome of the party wall surveyor’s award.
While the party wall surveyor will not only be tasked with resolving the dispute that has been referred, they will also be tasked with deciding or apportioning who covers the reasonable expense of their professional fees in making that resolution.
If you were to compare this to legal proceedings, it is much like a scenario whereby the losing party to a legal case, often is ordered to bear the costs of the other party’s fees.
Are Third Party Wall Surveyor Referrals Common?
Generally speaking they are not. If a referral does need to be made to a third surveyor, it usually means that something has gone wrong within the party wall surveying dispute resolution procedures and between the two respective party wall surveyors.
In more cases than not, even if there is some form of professional disagreement between the two respective party wall surveyors, the Act’s facilitative framework and the abundance of case law, guidance notes and professional opinion, will often enable the two respective surveyors to reach some form of resolution.
Even if that resolution means that one party has to concede, or adjust their professional take.
Benefits of Referring Matters to the Third Surveyor?
As set out above, the third surveyor referral process enables stalemates or disputes to be easily resolved.
If the Act had not taken this into account, a simple dispute could quickly reach a stalemate, with the owner or party wall surveyor, not having a vessel or protocol in place to resolve that dispute.
This would likely significantly affect and thwart planned construction works that building owners wanted to undertake.
Equally, it could easily place adjoining owners in situations whereby they have been unable to have their positions heard or determined through the professional means.
Should I Refer a Matter to the Third Surveyor?
As set out above, third surveyor referrals bear with them the risk of fees and cost.
Therefore while building owners and adjoining owners do have the legal right to refer matters to third surveyors, here at Stokemont we would very much advise that it is carefully considered.
Third surveyor referrals are not always a prompt and quick process.
As set out above, the third surveyor is often going to be a practising surveyor themselves.
This is likely to mean that there is going to be delay that naturally comes with professionals in the dispute being referred, heard and ultimately resolved.
Another all important to bear in mind, is the professional fees.
These are unlikely to be towards the lower end of the spectrum, mainly because the third surveyor is going to have to review the document pertaining to the referral, while also reviewing both building owner’s and adjoining owner’s party wall surveyor’s referrals themselves.
As a rough ball park, here at Stokemont in our experience third surveyor referral fees are rarely ever less than £1,000 plus VAT.
If you would like to discuss third surveyor referral procedures with our team of experienced and qualified party wall surveyors, or alternatively would like to discuss party wall surveying matters with our party wall surveyors, please feel free to pop us an email, or give us a call. We will be more than happy to assist and advise you.
