In today’s Property Surveying blog post we are going to be looking at party wall surveying procedures.
In particular we are going to be looking at party wall surveyors and our advice on how to find and locate one.
What Is A Party Wall Surveyor?
A party wall surveyor is a property professional and property surveyor who is appointed under Section 10 of the Party Wall etc. Act 1996.
Section 10 of the Party Wall etc. Act 1996 states as follows:
(1) Where a dispute arises or is deemed to have arisen between a building owner and an adjoining owner in respect of any matter connected with any work to which this Act relates either — (a) both parties shall concur in the appointment of one surveyor (in this section referred to as an “agreed surveyor”); or (b) each party shall appoint a surveyor and the two surveyors so appointed shall forthwith select a third surveyor (all of whom are in this section referred to as “the three surveyors”).
The key point to note in the wording of the Act is dispute.
This means that a party wall surveyor can only be appointed when a dispute between the building owner and the adjoining owner arises.
Party Wall Dispute
A party wall dispute arises when a building owner serves a Party Wall Notice upon the adjoining owner.
Pivotal to the dispute existing is the adjoining owner’s decision to dissent to the Party Wall Notice that they received.
Upon dissenting to that Party Wall Notice, the statute and Party Wall etc. Act 1996 confirms that they must appoint a party wall surveyor to administer and implement the party wall surveying procedures on their behalf.
The party wall surveyor’s role will be to ensure that the party wall surveying procedures are administered neutrally, reasonably and fairly.
Thereby ensuring that the building owner is ultimately able to progress their planned construction works, while also ensuring that the adjoining owner’s property has the full benefit of the Party Wall etc. Act 1996.
This full benefit being above and beyond common law.
Locating A Party Wall Surveyor?
A little unknown fact of the Party Wall etc. Act 1996, is that the term party wall surveyor is actually incredibly open and wide. In fact, the Party Wall etc. Act 1996 defines it as follows:
“surveyor” means any person not being a party to the matter appointed or selected under section 10 to determine disputes in accordance with the procedures set out in this Act.
In short, this means that anyone can refer to themselves as a party wall surveyor.
In respect of the party wall dispute at hand, so long as it isn’t the building owner or adjoining owner acting, anyone can act as a building owner’s or adjoining owner’s party wall surveyor.
In practice, this means that there is an incredibly wide range of party wall surveyors in the market.
Those with experience versus those with less experience. Equally, those with professional property qualification, those without.
Here at Stokemont, we would advise that the party wall surveyor selection is carefully considered, for the reason set out above.
Ultimately you will want to ensure that the party wall surveyor who you do appoint to act on your behalf not only has the necessary background and knowhow to best assist.
However, that they are also a member of a reputable property governing body. This naturally being a good indicator that they are indeed well placed to assist and advise on the party wall surveying matter at hand.
Where To Find A Party Wall Surveyor?
First and foremost, here at Stokemont, we would advise that you look for a party wall surveyor based off recommendation from friends, family and peers. This is often going to be a definitive and comprehensive way to ensure that the party wall surveyor recommended, comes with a good track record both in terms of their professionalism, but also the manner in which they handle the job start to finish.
We would also advise that credence is given to those party wall surveyors who are members of governing bodies.
We have briefly touched on this above, we would suggest a starting point for any reputable party wall surveyor would be the Royal Institute of Chartered Surveyors (RICS), the Chartered Institute of Building (CIOB). However, it should be worth noting that there are a number of different governing bodies out there of which would carry equal credence.
Party Wall Surveying Projects
Another good selection factor should be the party wall surveyor’s understanding of the construction project that is taking place.
Like anything, there are different disciplines within the party wall surveying industry.
It is therefore sensible to obtain the advice from a party wall surveyor who has worked on similar properties and construction projects as the specific dispute at hand, at the time of the instruction.
Building Surveyors
Our final thought here at Stokemont is to bear in mind that party wall surveying is a discipline of building surveying.
Building surveyors will not only understand the fabric and makeup of property, they will also have a firm understanding of the typical defects and issues that can arise with properties.
We would therefore advise that the best point of call and starting point for any party wall surveyor instruction is a surveyor who has a firm and full understanding of building surveying as a discipline.
This is going to ensure that you not only have the input and advice of a party wall surveyor, but also have the input and advice of a building surveyor, who can fill in the all necessary gaps in respect of the planned construction works, while also being a pivotal resource should there be any issue, damage or problem during the course, or post works.
If you would like to discuss party wall surveying procedures with our team of experienced and qualified party wall surveyors here at Stokemont, please feel free to get in touch with us today. We will be more than happy to assist and advise you. You can get in touch with us via our Contact Us page on our website, give us a call, send us an email, we will be more than happy to assist and advise you.
