What is a Party Wall Surveyor?
A party wall surveyor is a person appointed under the Party Wall etc. Act 1996 to deal with a dispute between neighbours about building work. Their job is to set out, in a written award, what work may happen and how, in a way that is fair to both sides. They are not a builder's adviser or a neighbour's advocate.
What the surveyor actually does
When a building owner serves a notice and the neighbour dissents or does not reply, a dispute is treated as having arisen. The surveyor then steps in to settle it on paper.
Most of the work is reading drawings, inspecting both properties, agreeing a schedule of condition and drafting the award. The award covers the work allowed, working hours, access, protection for the neighbour's property and who pays the costs.
Who can be one
There is no legal licence for party wall surveyors. Anyone can be appointed if both owners accept them, or if the Act's appointment steps are followed. In practice most are building surveyors, engineers or specialist party wall practitioners.
- RICS members
- Faculty of Party Wall Surveyors members
- Pyramus & Thisbe Society members
- Members of bodies such as CABE, CIOB or the Institute of Party Wall Surveyors
Why the role is not partisan
Even when you appoint your own surveyor, that person acts under the Act. They must consider the interests of both owners and the condition of both properties. They cannot simply do what their appointing owner asks.
This is why two surveyors can produce one award together, with a third surveyor available if they disagree.
One surveyor or two
Both owners can agree on a single surveyor, called an agreed surveyor. Or each owner can appoint their own. The two then choose a third surveyor who only acts if they cannot agree.
An agreed surveyor is usually simpler. Two surveyors give each owner someone of their own to talk to.
Checking a surveyor
Because there is no licence, check who you are dealing with. If someone claims membership of a professional body, look them up on that body's own website. Membership does not guarantee quality, so also ask about experience with work like yours and get fees in writing.
Frequently asked questions
Does the building owner pay the surveyor?
Usually yes. Where the work is for the building owner's benefit, the building owner normally pays the reasonable fees of both surveyors, though the award decides who pays what.
Can my builder or architect act as the surveyor?
Someone who is acting for the building owner in another role is a poor choice, because the surveyor must be able to act fairly between both owners. Take advice before agreeing to it.
Can I refuse to appoint a surveyor?
If you will not appoint one within 10 days of being asked in writing, the other owner may appoint one on your behalf. It is better to take part.
Source: Party Wall etc. Act 1996 on legislation.gov.uk
Related guides
- When Do You Need a Party Wall Surveyor?
- Agreed Surveyor vs Two Surveyors: The Legal Differences
- Step-by-Step Guide to Appointing a Party Wall Surveyor
- How to Choose a Party Wall Surveyor
Last updated: . This page is general information about the Party Wall etc. Act 1996 (England and Wales). It is not legal advice. Every property and dispute is different, so take advice from a party wall surveyor or a solicitor before you act.