In this week’s party wall surveying blog post, we are going to be discussing third surveyors and when they are applicable in the Party Wall Surveying procedures.
A third surveyor is selected for any party wall surveying scenario where there are two respective surveyors in place (building owner’s party wall and adjoining owner’s party wall surveyor).
The third surveyor’s role is to determine any matter or issue that is in dispute between the two respective party wall surveyors, or alternatively between the owners, or the owners and their respective party wall surveyors.
The third surveyor will initially be selected, meaning that the two surveyors have simply agreed upon the person to approach in the event of dispute.
It’s important to note that the third surveyor will unlikely know they have been selected, until there is a dispute that requires their involvement and ultimately formal resolution.
In the event that there is any form of dispute, the matter will then be formally referred to the third surveyor.
At that point the third surveyor will then become appointed to resolve the matter in dispute and ultimately enable the party wall matters (and usually the planned construction works) to progress without delay or issue.
Third surveyor referrals are a relatively uncommon aspect of the party wall procedures, and if made cover a wide variety of matters such as; legal interpretation, contractor access requirements, disagreements on party wall surveyor fees.
As with any legal dispute, third surveyor referral carries a cost risk. This cost risk ultimately being borne by the respective owners (the building owner and adjoining owner).
While the third surveyor will resolve the matter to referred to them and in dispute, they’ll also apportion the responsibility for their fees.
This means that both owners (the building owner and adjoining owner) could be liable for these.
Third surveyor referrals are generally going to be avoided by all partiers. However, are an all important vessel in the event of stalemate.
We’d advise not to being overly worried or concerned by a third surveyor’s selection. It’s simply one of formality.
It goes without saying that any party wall surveying file we handle here at Stokemont, should there be a remote possibility of a referral, you’ll be fully informed and kept well abreast of the matter in dispute.
If you would like to discuss third surveyors and the role they play on party wall procedures in more detail, why not give our team of experienced and qualified party wall surveyors a call now and we would be more than happy to assist you.
