In today’s instalment of Stokemont’s property blog series we will be diving into the Party Wall etc. Act 1996 with a particular focus on Third Surveyors.
If you are a building owner who is undertaking construction works that fall within the Party Wall etc. Act 1996 then you are legally required to serve a Party Wall Notice upon all relevant adjoining owners.
The Party Wall Notice will need to set out the nature of the proposed works and which section of the Act the works fall under.
In response to this Party Wall Notice, the adjoining owner has three response options available to them. These are as follows:
Consent
This will enable the building owner to proceed with their proposed works and ends the Party Wall procedures. Adjoining owners have the option to consent with a Schedule of Condition undertaken of their property which will ensure there is a legal record in place of the condition prior to the commencement of the works. However, no Party Wall Award will follow.
Dissent & appoint Agreed Surveyor
If the adjoining owner goes with this option one Party Wall Surveyor will be appointed that will act impartially for the building owner and the adjoining owner. Their role will be to undertake the Schedule of Condition and create a Party Wall Award. You can read more about Party Wall Awards by clicking here.
Dissent & appoint independent Party Wall Surveyor
The adjoining owner also has the opportunity to appoint their own independent Party Wall Surveyor. The same process will be followed as per the Agreed Surveyor option. Albeit two surveyors will be involved as the building owner will then have to appoint their own Party Wall Surveyor to create the Party Wall Award with the adjoining owners Party Wall Surveyor.
If an adjoining owner decides to dissent and appoint their own independent Party Wall Surveyor, that surveyor will then agree on a Third Surveyor with the building owner’s surveyor.
The Third Surveyor is in place to resolve any dispute that arises that cannot be resolved between the two owners and their respective Party Wall Surveyors.
Referrals to the Third Surveyor are relatively unusual, the main reason for this is that there is a cost risk for the losing party in relation to the dispute that is resolved by the Third Surveyor. The Third Surveyor will deem who is liable for their fee once they make a decision on the dispute and this could be either the building owner or the adjoining owner.
For this reason, a referral to the Third Surveyor should be heavily considered and only used as a last resort if a dispute cannot be resolved.
If you are a building owner and there is a dispute which is preventing, you from starting your works it may be worth considering referring it to the Third Surveyor to allow you to proceed with your proposed works at a sooner date. Prior to referring the matter to the Third Surveyor, it is very advisable that you discuss this with your appointed Party Wall Surveyor to understand how likely it is that the Third Surveyor will side with you.
If you are an adjoining owner and you feel that your interests are not being well considered it may be worth referring the matter to the Third Surveyor. This does pose a risk to an adjoining owner as they could potentially find themselves liable for the Third Surveyors fee.
If you are an adjoining owner or a building owner who is having difficulty resolving a Party Wall Mater. Please do not hesitate to get in touch with one of our highly experienced and qualified Party Wall Surveyors who would be happy to offer some free advice on how to progress your dispute.
