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.
