One of the biggest decisions when planning Party Wall works is whether the building owner and adjoining owner appoint a single agreed surveyor, or each appoint their own surveyor under a two-surveyor appointment.
While both arrangements are designed to ensure the correct Party Wall procedures are followed, they can differ in costs, timescales, and how the matter is handled.
But which arrangement is right for your situation? In this guide, we’ll explain how agreed surveyor and two-surveyor appointments work, the key differences between them, and what to consider when deciding which one is best for you.
What is an Agreed Party Wall Surveyor?
When an adjoining owner receives a Party Wall Notice, they can either consent or dissent to the proposed works. Where a dissent occurs, the building and adjoining owners can then either opt to appoint an agreed surveyor to oversee the case or each appoint their own surveyor.
If an agreed surveyor is appointed, then they will be responsible for resolving the matters in dispute and determining the next steps in line with the Party Wall etc. Act 1996. Rather than acting in the interests of one party, the agreed surveyor is jointly appointed by both parties and must act impartially, making decisions based on:
- The nature of the proposed works.
- Any risks involved.
- The rules and requirements of the Act.
- The legal rights of both owners.
Depending on the circumstances, an agreed surveyor’s role may involve preparing a Schedule of Condition Report to record the condition of the adjoining owner’s property before work begins. They may also determine and draft a Party Wall Award outlining the legal rules and requirements that must be followed when the work proceeds.
What Happens When Two Party Wall Surveyors are Appointed?
If the building and adjoining owner cannot agree on a single surveyor, they will then need to each appoint their own surveyor. The two surveyors will then work together closely to resolve the disputed matters and to agree on the terms of the Party Wall Award.
Both surveyors will collaborate to ensure that the correct procedures of the Party Wall Act are followed and the risks to the adjoining owner’s property are kept to a minimum.
Under the terms of the Party Wall etc. Act 1996, the two surveyors will also directly select a third surveyor. However, the third surveyor will only become involved in cases where the two appointed surveyors cannot reach an agreement on a particular matter. This means that, in many cases, the third surveyor will not have any need to take an active part in a Party Wall dispute.
In cases where a third surveyor is called upon, they will consider the matters the appointed surveyors have been unable to agree on and make a decision to resolve the dispute. The final agreed terms will then be formally set out in the Party Wall Award.
Agreed Surveyor vs Two Surveyors: Key Differences
While both agreed surveyors and two-surveyor appointments follow the legal framework set out by the Party Wall Act, there are key differences in how they work in practice.
| Agreed Surveyor | Two Surveyors | |
|---|---|---|
| Appointments | One jointly appointed surveyor | One surveyor appointed by each owner |
| Process | One surveyor oversees the matter and makes the Award | Two surveyors work together to agree the Award |
| Cost | Usually lower | Usually higher due to two sets of fees |
| Third Surveyor | There is no third surveyor to refer to | Selected as part of the two-surveyor process. Only called upon if the two appointed surveyors can’t reach an agreement |
| May Be Suitable For | Straightforward on more cooperative matters | More complex or contentious cases |
Knowing these differences can help both building and adjoining owners decide which appointment route is most suitable for their circumstances.
Is an Agreed Surveyor Cheaper Than Appointing Two Surveyors?
In most cases, appointing an agreed surveyor will result in lower surveyor fees than appointing two surveyors, with only one surveyor’s time and services needing to be paid for.
However, the overall cost will depend on several factors, such as:
- The complexity of the proposed works.
- The time required to resolve the dispute.
- Whether inspections or additional documentation are required.
Where two surveyors are appointed, the building owner will typically be responsible for paying the reasonable costs of both surveyors when the works are being carried out for their benefit. However, responsibilities can vary depending on the circumstances of the dispute, so it’s best to consult with your surveyor during the process to establish your responsibilities and obligations.
If either owner considers a surveyor’s fees to be unreasonable, they can request a breakdown of the costs, including details such as the surveyor’s hourly rate and the time spent carrying out the work. Where the reasonableness of fees remains in dispute, this can be addressed as part of the wider Party Wall dispute process.
When Should I Use an Agreed Surveyor for Party Wall Matters?
An agreed surveyor may be most appropriate when the proposed works are relatively straightforward and if both owners feel comfortable appointing the same surveyor. This option can also be best for cases where the nature of the dispute is relatively minor in relation to the wider works, reducing the need to appoint two surveyors for what could produce a swift resolution.
An agreed surveyor is often the favoured approach when relations between the building owner and adjoining owner remain cooperative, and there are no major disagreements surrounding the proposed works.
When Should I Use Two Surveyors for Party Wall Matters?
Appointing two surveyors may be suitable where proposed works are more complex, there are more significant matters to resolve, or both owners feel more comfortable appointing their own surveyor.
This approach may also be appropriate where significant disputes have arisen between owners that have made direct communication more difficult, as it allows key communication to occur between the two surveyors.
Why Choose Stokemont for Party Wall Surveying?
Party Wall matters can feel complicated and stressful without the correct guidance. Stokemont is a team of Party Wall Surveyors with expertise in all aspects of the process, including agreed surveyor and two-surveyor appointments.
Whether you’re a building owner or adjoining owner, we can help you understand your options, responsibilities, and rights under the Party Wall etc. Act 1996, while providing clear guidance on the next steps.
If you would like to discuss a Party Wall matter with our team, contact us today to see how we can help.
FAQs
Yes. An agreed surveyor is required to act impartially during a Party Wall dispute and resolve matters in line with the framework outlined in the Party Wall etc. Act 1996.
Their role is to consider the relevant facts and rights of both owners when resolving the dispute and preparing the Party Wall Award.
In most cases, the building owner will be responsible for the reasonable surveyor fees where the works are being conducted for their benefit. This can include the costs of an agreed surveyor, or when separate surveyors are appointed, the costs of both surveyors.
However, responsibilities for costs can vary depending on the circumstances of the dispute and the actions of each party. The surveyor or surveyors can decide how reasonable costs should be allocated under the Party Wall etc. Act 1996.
The building owner can suggest an agreed surveyor, but the adjoining owner must agree to the appointment. An agreed surveyor can only be appointed where both owners agree on a surveyor.
In cases where an agreement can’t be reached, both owners would need to appoint their own surveyors, and the matter would proceed under a two-surveyor appointment process.
