Hello and welcome to today’s property surveying blog post, in today’s blog post we are going to be looking into Party Wall Surveying matters, and talking about if and how you can dispute a Third Party Wall Surveyor.
Is there always a Third Party Wall Surveyor?
There will not always be a Third Party Wall Surveyor in all Party Wall cases, the only time where there will be a Third Party Wall Surveyor is when the parties to the matter chose to select their own Party Wall Surveyors.
So once the building owner and adjoining owner have selected their own Party Wall Surveyors, then the two Party Wall Surveyors are compelled by section 10 of the Party Wall etc Act 1996 to select a Third Party Wall Surveyor who they must be in agreement of their appointment and they must also put the selection of the Third Party Wall Surveyor in writing.
The Third Party Wall Surveyor can then be called upon by either party to the matter at any time during the Party Wall Surveying procedures.
Generally, the Third Party Wall Surveyor is only called upon if there is a disagreement that arises between the two parties which are incapable of being resolved amicably between them, then the Third Party Wall Surveyor will have to be called upon to resolve the matter.
It is also worth noting that if you are the one who has called upon the Third Party Wall Surveyor at the time of a dispute then you would be liable for their cost, even in cases where they do decide in your favor.
It is not stated within the Party Wall etc Act 1996 what qualification the Third Party Wall Surveyor must have but we at Stokemont will always attempt and recommend the appointment of a Third Party Wall Surveyor who has extensive knowledge and understanding of the Party Wall Act 1996 as the Act its self can be complex incorporating both practical building knowledge and legal knowledge alike.
When called upon in cases of a disagreement the Third Party Wall Surveyor will attempt to resolve the matter by taking into consideration the evidence before them and the wording of the Act. It is also up to the discretion of the Third Party Wall Surveyor if they wish to decide upon the matter entirely independently or if they consult the other Party Wall Surveyors for their input.
Can you dispute what the Third Party Wall Surveyor decides?
According to Section 10 (11) of the Party Wall etc Act 1996 states that if the Third Party Wall Surveyor is called upon, the surveyor “shall make the necessary award”11.
So disputing the decision that the Third Party Wall Surveyor has made, is the same as disputing a Party Wall Award, witch can be done 14 days after the service of the award through the courts.
Although this could be a costly affair that can cost upwards of £5’000 to £50’000 depending on the complexity of the appeal and the time that you spend in court, there is also no guarantee that you would be able to reclaim the cost of your legal fees even if you successfully contest the Party Wall Award.
Although contesting a Party Wall Award is not just as simple as filing the court form and waiting for a date, generally, judges will only consider the appeal if the Party Wall Award and consequently their Award acted beyond their means and beyond the scope of the Party Wall Act 1996.
I hope this has given you further insight into the Party Wall etc Act 1996 and into disputing the Third Party Wall Surveyor.
If you have any questions in regards to todays blog post or any of the other services that we offer here at Stokemont then please do not hesitate to get in touch today by either popping us over an email or giving us a call and a member of our team of experienced Party Wall Surveyors will be happy to assist and advise.
