Can You Sack a Party Wall Surveyor?

Dec 27, 2021

In this week’s Party Wall Surveying blogpost topic, we are going to be discussing Party Wall Surveyors, and in particular if they can be sacked, fired, or removed from a Party Wall Surveying job.

Oddly enough, a Party Wall Surveyor cannot be fired, or sacked, from a Party Wall Surveying matter.

The reasoning behind this is because the role is one of statute, and therefore once a Party Wall Surveyor is appointed by a Building Owner, or Adjoining Owner, to represent their interests, they are effectively tasked with resolving that dispute, as per the Party Wall etc Act 1996, and therefore their role will not be concluded until the Party Wall Award is agreed.  The Party Wall Award, is effectively a conclusion of the dispute, hence the reasoning behind this.

While this may seem a pretty odd statement, the logic behind the Act’s intent, is to ensure that the dispute can indeed be resolved without multiple different Surveyors stepping in to assist, and ultimately tasking the Appointed Surveyors with the objective of getting the matter to resolution.

Party Wall Surveyors, will often find themselves in situations that are tricky, or could potentially be a little bit tenuous, depending on the works at hand, properties, and ultimately relationships with the respective Owners or their Surveyors.

One of the benefits of the Party Wall etc Act 1996 and its dispute resolution procedures, is that in the event that there is a dispute, either Party Wall Surveyor, or either Owner, have the right to refer the matter to a Third Surveyor.

This, of course, assumes that this is a Two Surveyor Party Wall Surveying procedure, if it is an Agreed Surveyor procedure, then unfortunately the Owners do not have this choice.

In the event that it is a Two Surveyor appointment, and there is a dispute, either Party Wall Surveyor, or either Owner, have the legal right to refer the matter to the Third Surveyor to ultimately get their opinion, in deciding and resolving the dispute.

Party Wall Surveying matters can be a tricky and difficult process to resolve, therefore we would always advise appointing an experienced and qualified Surveyor, as this will ultimately ensure that your interests are best protected.

If you would like to discuss your Party Wall Surveying matters and requirements with our team of qualified and experience Surveyors here at Stokemont, give us a call now and we will be more than happy to assist you.