If you’re planning on carrying out any building work on a property, it’s important to know about the party wall act and the role of surveyors. These surveyors are appointed to help settle disputes between neighbours regarding shared walls and boundaries, and they are often seen as impartial. However, there are questions about whether or not party wall surveyors are truly impartial. In this article, we will explore this topic in-depth and provide you with a clearer understanding of the impartiality of party wall surveyors.
What is the Party Wall Act?
Before we dive into the topic of party wall surveyor impartiality, let’s first understand what the Party Wall Act is. The Party Wall Act is a law that was introduced in 1996 to help regulate building works on shared walls and boundaries between neighbouring properties. The act sets out the rights and obligations of property owners who wish to carry out any building work that affects a party wall or boundary.
What is a Party Wall Surveyor?
A party wall surveyor is a professional who is appointed to help settle disputes between neighbours regarding party walls and boundaries. They are usually appointed by either the property owner carrying out the work or the neighbouring property owner. Their role is to ensure that the party wall act is followed and that any building work carried out is done so in a safe and proper manner.
The Impartiality of Party Wall Surveyors
The surveyor’s role is to act as an impartial third party in disputes between neighbours. This means that they should not show any favouritism towards either party and should make decisions based solely on the facts presented to them. However, there have been questions about the impartiality of party wall surveyors, especially since they are often appointed by one of the parties involved in the dispute.
Factors That Can Affect Impartiality
There are several factors that can affect the impartiality of surveyors. These include:
Appointment by One Party
As mentioned earlier, surveyors are often appointed by one of the parties involved in the dispute. This can create a conflict of interest and affect their impartiality. However, it’s important to note that party wall surveyors have a duty to act impartially regardless of who appointed them.
Previous Relationships
Party wall surveyors may have previous relationships with one of the parties involved in the dispute. This can affect their impartiality, and they may have to decline the appointment if there is a conflict of interest.
Lack of Clarity in the Party Wall Act
The party wall act is not always clear, and there may be disagreements between party wall surveyors on how to interpret certain clauses. This can lead to disputes and affect the impartiality of the surveyor.
Steps to Ensure Impartiality
To ensure the impartiality of party wall surveyors, there are several steps that can be taken. These include:
Appointment of Two Surveyors
If there is a dispute between neighbours, each party can appoint their own surveyor. The two surveyors can then work together to come to a resolution.
Appointment of a Third Surveyor
If the two appointed surveyors cannot come to an agreement, a third surveyor can be appointed. The third surveyor is typically chosen by the two appointed surveyors and acts as an impartial adjudicator.
Code of Conduct
Professional bodies such as the Faculty of Surveyors have a code of conduct that party wall surveyors must adhere to. This includes a duty to act impartially and to disclose any conflicts of interest.
Conclusion
In conclusion, party wall surveyors are supposed to act as impartial third parties in disputes between neighbours. While there are factors that can affect their impartiality, there are steps that. There are steps that can be taken to ensure that surveyors remain impartial. These steps include the appointment of two surveyors or a third surveyor, as well as the adherence to a code of conduct that emphasizes impartiality.
FAQs
1. What is a party wall agreement?
A party wall agreement is a legal agreement between neighbouring property owners regarding the shared wall or boundary between their properties.
2. Can party wall surveyors be biased?
Surveyors have a duty to act impartially, but there are factors that can affect their impartiality. It’s important to choose a surveyor who is experienced and knowledgeable.
3. What happens if there is a dispute between party wall surveyors?
If there is a dispute between surveyors, a third surveyor can be appointed to act as an impartial adjudicator.
4. Do I need a party wall agreement for minor works?
Minor works such as drilling holes in a shared wall may not require a party wall agreement, but it’s always best to check with a party wall surveyor to be sure.
