When do I need a Party Wall Surveyor?

A Party Wall Surveyor must be appointed to resolve disputes when the following conditions are met:

• If you, as the building owner, intend to carry out certain types of construction work on or near a shared or adjoining boundary with another property, and these works are deemed “notifiable” under the Act, you must serve a Party Wall Notice on the adjoining owner(s).
• Notifiable works can include the construction of new walls, the extension or alteration of existing walls, excavation work near neighboring properties, and other works specified in the Act.
• When serving a Party Wall Notice, you are required to inform the adjoining owner(s) of your proposed works and provide details of the nature and extent of the works.
• The adjoining owner(s) has the option to consent to the proposed works, dissent (object) to the works, or remain silent, which is considered a dissent. In the case of dissent, a dispute is deemed to have arisen.

Then:

• If a dispute arises or if the adjoining owner(s) requests it, Party Wall Surveyors must be appointed to prepare a Party Wall Award.
• The building owner and adjoining owner(s) can either agree to appoint a single surveyor (known as an agreed surveyor) who acts impartially, or each party can appoint their own surveyor.
• In the case where two surveyors are appointed a third surveyor is selected by the two appointed surveyors.
• The Party Wall Surveyor(s) are responsible for preparing a Party Wall Award, which is a legally binding document that outlines the rights and responsibilities of each party during and after the construction works.
• The Party Wall Award addresses matters such as the nature of the works, access to the property, working hours, compensation for damage, and other relevant conditions.