It can be complicated to understand who is who and what role each plays in the Party Wall Award process. This blog offers a quick rundown of who does what. Remember, in the Party Wall Act, the word dispute actually refers to the building work, not an argument!
Key Takeaways
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Know the key roles quickly: Westville explains who the Building Owner and Adjoining Owner in Surrey & Londonare and why “dispute” in the Act often means the process, not an argument.
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Understand your surveyor options: We explain the difference between Building Owner’s Surveyor, Adjoining Owner’s Surveyor, and when you might use an Agreed Surveyor (one surveyor acting impartially for both).
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Don’t panic about the “Third Surveyor”: A Third Surveyor is required when two surveyors are appointed, but they’re usually only called on in more complex cases.
The Building Owner.
The Building Owner is the central figure in the process. They intend to carry out the work, and therefore, they are the instigator in the process. Note that this does not mean they pay all the fees.
The Adjoining Owners
This means your neighbours or the other sharers of an internal wall, a chimney, or a boundary. It can include the OWNERS of land, buildings, or rooms in adjoining properties. Adjoining needs some defining, as it can also mean any neighbour within 3-6 metres of the Building Owners’ property. (See section 6 of the Act). Included are any leasehold or freehold owners.
The Building Owners Surveyor
In a sense, anyone except those involved on either side of the building works can act as the Surveyor, although it would be wise to hire a professional surveyor like Westville Associates. The Act states that a surveyor needs to be elected. See who can be a PW Surveyor.
The Adjoining Owners Surveyor
Although it is common to use a single surveyor for the price of property in the UK, it is wise for the other side to have their own Surveyor in place, especially if the work by the Building Inspector involves foundations in any way (which could lead to subsidence). It is your neighbour’s legal right to appoint one should they wish.
Again, this person can be anyone not involved in the dispute.
Their role is to monitor the actions of the Building Owners’ Surveyor and ensure that the law is complied with and that any proposed work does not damage the Adjoining Owners’ property. This is achieved by arranging for the other Surveyor to carry out a schedule of condition, i.e., the condition and state of the adjoining wall and property, before any building work.
The Third Surveyor
When two surveyors are appointed, the Party Wall Act requires a third surveyor. This is the law. However, what is not covered is that the third Surveyor needs to be told they have been selected; mostly, they are not informed and represent a tick box!
In the majority of cases, the Third Surveyor is not called upon except in extremely complex builds. See do I need another surveyor!
The Agreed Surveyor
When the Adjoining owner is informed of new building work, they must appoint their own Surveyor. However, they can agree to share the same Surveyor. This is a very common practice that Westville has found over the last 10 years. Not only does it save time, it saves money. The agreed Surveyor is trusted to act impartially at all times in the interests of both property owners.
Design Engineers
This terms covers the structural engineer that produce the structural elements of the proposed design. Their role is more prominent with basement projects.
Advising Engineers
These engineers shadow the design engineers and typically are employed by the Adjoining Owners.
Contactors
These are the builders tasked with carrying out the works.
Architects
The person or practice responsible for the design of the proposed work and the person with the most knowledge about the proposed build.
Adjoining Occupier
A person other than the Adjoining Owner who resides in the next-door property. Usually, tenants with leases of less than 12 months have limited rights and obligations and a building owner is not required to serve a notice of intended works.
Appointing Officer
Section 10.8 of the PW Act covers circumstances where two surveyors fail to agree on the selection of the third surveyor. Such appointments are rare and are made by your local Authority.
Confused.
- Let Westville Associates help. Contact us for a quote on all Party Wall Award matters here.
