Thank you for clicking on today’s Property Surveying blog post, today we are going to be looking at party wall surveying procedures and in particular party wall surveyors.
A third party wall surveyor is in place on every two party wall surveyor job.
In short, this means that if the building owner appoints a party wall surveyor, and the adjoining owner appoints a party wall surveyor, by default of this procedure, a third surveyor will be selected to determine any matters in dispute that arise in accordance with Section 10 of the Party Wall etc. Act 1996.
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”).
It is important to note that the third surveyor role is one of statute, whereby they will only become appointed once that dispute arises.
Until that time, the third surveyor’s role is very much a mute one, in many cases they will be unaware of their selection in the first place.
With all legal procedures there needs to be resolution protocols and procedures in place.
Within the Party Wall etc. Act 1996, this procedure includes this procedure is set out by the appointment of a third party wall surveyor.
Do I need a Third Surveyor?
One of the most typical queries that we find ourselves asked here at Stokemont is whether a third surveyor is brought on board to resolve matters.
As confirmed above, the third surveyor’s appointment only comes into existence when there is a matter in dispute.
So what can be in dispute?
Simply put any matter that is in dispute between the two respective party wall surveyors, or two respective owners, the building owner and the adjoining owner can be referred to the third party wall surveyor.
Another key point to note, is that third party wall surveyors, much like the building owner’s and adjoining owner’s party wall surveyor is in place only should an issue arise.
Should an issue arise the third surveyor will have the legal authority to charge a fee for his or her input and ultimately determination in respect of the matter.
The majority of third surveyors out there will often find themselves embroiled in pre-referral discussions and disputes. This usually occurs or arises when one of the party wall surveyors, or one of the respective owners gets in touch with the third surveyor in order to seek some advice, input and informal guidance on how a specific matter in dispute can be resolved.
How do I know who the Third Surveyor is?
Under the statute, both the building owner’s party wall surveyor and the adjoining owner’s party wall surveyor alike, have the legal duty to inform their respective appointing owners of who the third party wall surveyor is once he or she has been selected.
The purpose and premise behind this, is that these owners have the legal right as set out by the Act to contact that surveyor should there be any level of disagreement or dispute.
One of the most typical phone calls we get here at Stokemont, usually from appointing owners of other party wall surveyor’s jobs are that their party wall surveyor never made them aware of who the third surveyor was.
This is a fundamental failure of the Act’s administration and ultimately limits and restricts the owners from being able to openly resolve dispute or disagreement.
Here at Stokemont, whenever we are working on a two surveyor party wall surveyor appointment, part of the procedure will always see our appointing owners being made aware of exactly who the third party wall surveyor is, how they can contact him or her and ultimately information in respect of the third surveyor referral procedures.
Third Surveyor Costs
It is important to note that under the Party Wall etc. Act 1996 a third surveyor referral does bear with it cost and risk.
This cost and risk comes in the way of the third surveyor’s Party Wall Award.
In the event that a matter is formally referred to the third party wall surveyor, at that stage the surveyor will be duty bound to resolve such dispute.
This will mean that they need to spend time reviewing the works, properties and issues at hand.
While also likely requiring input from both building owner’s party wall surveyor and adjoining owner’s party wall surveyor alike.
Once the third surveyor believes they have gathered enough information to make an informed decision and determination, they will do this by way of a Party Wall Award.
This Party Wall Award, commonly referred to as a Third Surveyor’s Party Wall Award, will not only set out the resolution to the dispute that was referred to them. It will also set out whom is responsible for the fees in that award being prepared.
These fees are usually paid for by the losing side of the referral.
In practice, this means that either the building owner or adjoining owner could find themselves liable for third surveyor fees, if indeed the third surveyor rules against them.
While we have used the word them, it is important to note that in all normal procedures, it will be the respective owners party wall surveyors who prepare and submit the referral.
It is therefore imperative for owners to ensure that they are well abreast of the matter that is being referred, and ultimately the reasoning behind such referral.
Certainly, we would not advise that third surveyor procedures are commenced without full and clear understanding of the costs liability that come with them.
Third surveyor referrals are a relatively rare procedure. Generally speaking, they tend to be reserved for significant matters in dispute that require input and determination with all other attempts at it having failed.
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 give us a call today. You can also pop us an email,we will be more than happy to assist and advise you.
