Can a Party Wall Surveyor Act for Both Parties?

Can a Party Wall Surveyor Act For Both Parties?

 

What Does Acting for Both Parties Mean?

When a Party Wall Surveyor acts for both parties, it means that instead of each neighbor appointing their own surveyor, a single surveyor is appointed to represent the interests of both sides. This surveyor is called the “Agreed Surveyor”, and their role is to act impartially, ensuring that the interests of both the building owner and the adjoining owner are fairly considered.

The Party Wall etc. Act 1996 allows for this kind of appointment, provided both parties agree to it. Having an Agreed Surveyor can be more efficient and cost-effective, reducing the expenses and the time involved with having two separate surveyors.

Pros of Using an Agreed Surveyor

• Cost Efficiency: One of the key benefits of having an Agreed Surveyor is the potential reduction in costs. Instead of paying for two separate professionals, both parties split the cost of one surveyor, making the entire process more economical.
• Quicker Process: Because there’s only one surveyor involved, decision-making tends to be faster, reducing delays that could hold up your project.
• Consistency: A single surveyor managing the entire party wall process can lead to greater consistency, as they have a complete overview of both parties’ needs and any agreements reached.

Cons to Consider

• Conflict of Interest: The surveyor must be impartial—acting in the best interests of both sides rather than favoring either. However, some adjoining owners may feel uncomfortable relying on one surveyor appointed initially by the building owner. It’s crucial to ensure trust in the chosen surveyor’s impartiality.
• No Direct Representation: If you appoint a surveyor solely for yourself, that surveyor is there solely to protect your interests. An Agreed Surveyor, however, must balance both parties’ interests, which might feel less reassuring for those needing more direct advocacy.

Legal Considerations

Under the Party Wall etc. Act 1996, it’s perfectly legal for one surveyor to act for both parties as long as all parties agree. The Agreed Surveyor is legally bound to be impartial, and their primary focus is ensuring compliance with the Act, addressing concerns like damage, access, and liability.

If you’re unsure about this option, it’s important to discuss your concerns with a Party Wall Surveyor before making a decision. You can learn more about the roles and responsibilities of a Party Wall Surveyor by visiting our Party Wall Surveying Services page.

How to Appoint an Agreed Surveyor

Both property owners must agree on the selection of the surveyor. Typically, the building owner will suggest a surveyor, and if the adjoining owner feels comfortable with the choice, they can agree. Once appointed, the Agreed Surveyor will then serve an Award, which is a legal document detailing how the work will be carried out, access arrangements, and other important aspects of the construction.

Trust the Experts

If you’re considering any building work near a party wall—whether it’s a loft conversion or garden room extension—it’s important to ensure you have the right support in place. Our expert team at SurvEssex provides impartial, professional services that make the process as smooth and straightforward as possible. To learn more, check out our Party Wall Playbook for in-depth guidance and tips on everything party wall-related.

If you have questions about appointing an Agreed Surveyor or need specific advice on your situation, reach out to us via our Contact Page, and we’ll be more than happy to help!