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A party wall surveyor plays a central and legally defined role in managing and resolving disputes between property owners under the Party Wall etc. Act 1996 (in England and Wales). Their function is to ensure that building work affecting a shared wall, boundary, or nearby structure proceeds lawfully, safely, and fairly — protecting the rights of both the Building Owner (the person undertaking the work) and the Adjoining Owner (the neighbour whose property may be affected).

Below is a detailed and extensive description of a party wall surveyor’s functions, duties, powers, and procedures, divided into key stages and categories for clarity.

1. Statutory Basis and Role Definition

Under the Party Wall etc. Act 1996, the surveyor’s role is to act independently and impartially. They are not an advocate for the appointing owner, but rather a quasi-arbitrator whose duty is to administer the Act fairly.

The surveyor’s primary function is to:

• Determine the rights and duties of both owners under the Act;

• Resolve disputes arising from notifiable works;

• Produce a legally binding document known as the Party Wall Award (or “agreement”).

Even if appointed by one owner, the surveyor must remain neutral — serving the Act, not the individual.

2. When a Party Wall Surveyor Is Needed

A party wall surveyor becomes involved when a dispute is deemed to have arisen under the Act. This happens typically when:

• The Building Owner serves a Party Wall Notice on the Adjoining Owner; and

• The Adjoining Owner dissents (refuses consent) or fails to respond within 14 days.

Once a dispute arises, both parties must either:

• Appoint one “Agreed Surveyor” (mutually accepted by both owners), or

• Appoint separate surveyors, who will then jointly select a Third Surveyor (to resolve disagreements between them if necessary).

3. Core Functions and Duties of a Party Wall Surveyor

(a) Assessment of Notices and Legality

The surveyor must first ensure that all notices served are:

• Valid under the Act (correctly worded, timed, and served);

• Properly identify the nature and scope of the proposed works (e.g., cutting into a party wall, excavating near a boundary, or building on the line of junction).

If notices are defective, the surveyor may advise on re-serving them before proceeding further.

(b) Inspection and Record of Condition

A vital function is to inspect the adjoining property and prepare a Schedule of Condition before works start. This involves:

• Conducting a detailed visual inspection of affected areas;

• Photographing and recording the current state of walls, floors, ceilings, and external features;

• Providing a benchmark against which any alleged damage can later be measured.

This protects both owners — ensuring the Adjoining Owner has proof of pre-existing conditions, and the Building Owner has protection against false damage claims.

(c) Review of Drawings and Proposals

The surveyor examines the building plans, method statements, and structural details to assess:

• Whether the proposed works are lawful and compliant with the Act;

• Whether they could cause structural or physical risk to the adjoining property;

• What precautionary measures should be taken (e.g., temporary supports, vibration monitoring, sequencing of works).

The surveyor may seek clarification from engineers or request supplementary information if the design lacks sufficient detail.

(d) Drafting and Issuing the Party Wall Award

The Party Wall Award (also known as a “party wall agreement”) is the central outcome of the surveyor’s involvement. It is a legally binding document that sets out:

1. The rights of both owners under the Act;

2. The nature and timing of the works permitted;

3. Working hours and conditions to minimize disturbance;

4. Protective measures to safeguard the adjoining property;

5. Procedures for access to the adjoining property (if needed);

6. Procedures for dealing with damage or loss (including reinstatement or compensation);

7. Allocation of costs (usually paid by the Building Owner).

The Award ensures that the works are carried out safely, fairly, and with proper protection of both parties’ interests.

Once issued, the Award:

• Has legal effect; and

• Can only be appealed in the County Court within 14 days of service.

(e) Monitoring and Site Visits During Construction

Depending on the Award’s terms, the surveyor may:

• Conduct interim inspections during the construction phase;

• Ensure that works comply with the conditions of the Award;

• Verify that protective measures (e.g. shoring, waterproofing, vibration control) are in place;

• Address any arising issues or complaints swiftly.

(f) Post-Construction Inspection

After the works are complete, the surveyor usually:

• Re-inspects the adjoining property;

• Compares conditions with the original Schedule of Condition;

• Identifies any new damage caused by the works;

• Determines remedial actions or compensation as necessary.

This ensures that the Adjoining Owner is made whole, and that the Building Owner’s obligations are discharged properly.

4. Advisory and Administrative Roles

In addition to formal dispute resolution, surveyors may:

• Advise owners informally before a dispute arises (e.g., to avoid procedural errors);

• Mediate minor disagreements to prevent escalation;

• Provide expert testimony in court, if an Award is appealed;

• Maintain clear records, correspondence, and reports throughout the process.

5. Third Surveyor’s Role (if Applicable)

If two surveyors are appointed (one per owner), they must select a Third Surveyor at the outset.
The Third Surveyor’s functions include:

• Acting as an independent adjudicator if the two surveyors cannot agree;

• Issuing determinations or supplemental awards as needed;

• Being available for either party to refer specific issues to for resolution.

6. Professional Standards and Conduct

A party wall surveyor must uphold:

• Independence and impartiality;

• Competence and technical knowledge of construction, building law, and the Party Wall Act;

• Integrity and fairness in all dealings.

Surveyors often come from backgrounds such as chartered surveying, engineering, or architecture. 

7. Costs and Fees

Generally:

• The Building Owner pays all reasonable costs of the process, including:

  • The surveyor(s)’ fees;

  • The cost of preparing the Schedule of Condition;

  • The cost of producing and serving the Award.

However, if the Adjoining Owner requests additional work or causes delays, some costs may be apportioned differently at the surveyor’s discretion.

8. Summary of Key Functions

9. In Summary

A party wall surveyor serves as a statutory safeguard in the construction process. Their core function is not merely technical but also quasi-judicial, ensuring that:

• Building works proceed safely and lawfully;

• Neighbouring properties are protected from damage or inconvenience;

• Disputes are resolved efficiently and impartially;

• Both parties’ rights and obligations are clearly defined and enforceable.

In essence, the surveyor acts as a neutral arbiter of property rights at the intersection of construction and neighbour relations — ensuring harmony, compliance, and fairness under the framework of the Party Wall etc. Act 1996.