A surveyor who acts objectively on the behalf of owners under the provision of Party Wall Act 1996 is generally called Agreed Surveyor. The decision of his appointment is in the hands of the Adjoining Owner. Once the Adjoining Owner assents to the appointment of the same surveyor, both parties mutually appoint an Agreed Surveyor.
Different types of surveyors offer different services to the customers. The role played by Agreed Surveyors is to
- Record a schedule of conditions for the Adjoining owner’s property
- Make extra awards where required
- Draft and price Party Wall Award to the desired
- Monitor the site circumstances by visiting the site
- Review the proposed activities and construction ideas provided by the Building owner
- Serve the correct and authentic notices for the work
- Assess the worker’s impact to the Adjoining owner to reduce the risk of damage to the neighbouring constructions
- To repair any damage caused and serve a Party Wall Award to compensate the loss
The inspection of the Adjoining owner’s property is the main responsibility of the surveyor. After completing all the necessary information, the Party Wall Award is served. This document sets the guidelines about how the work should be done and also highlights the roles and responsibilities of the owner. It is the main role of the Agreed Surveyor to validate all the requirements before proceeding with the work.
CONDITIONS FOR APPOINTMENT
The Agreed surveyor is appointed in response to the Party Wall Notice which is served by the owner of the building. Whenever Party Wall notice is served by the building owner on any Adjoining owner, he is given three options to respond.
- Either he accepts the notice
- Or he dissents the notice and appoints an Agreed surveyor
- He could also dissent the notice and appoint a Party Wall surveyor of his own choice
If the Adjoining owner chooses the second response, then the Agreed Surveyor is appointed.
The building owner benefits if the Agreed surveyor is appointed. This is because
- The surveyor gets the Party Wall Award sooner as compared to the building owner and Adjoining Surveyor. Less discussion related to the clauses and terms of the Party Wall Award is required in this case. So, this award and finalized and ready to be served.
- Agreed surveyors are appointed at a lower fee than Building Owner Surveyors and Adjoining Owner Surveyors. This is because only one surveyor i.e.; the Agreed surveyor is to get the fee. Moreover, the price of obtaining the Party Wall Award is also reduced.
AGREED SURVEYOR LEGISLATION
Section 10 of the Party Wall Act explains the appointment of an Agreed Surveyor. It states that when a dispute occurs, both parties will agree upon appointing one surveyor, or each party can appoint his surveyor. If one surveyor is accepted and appointed by both parties, he will act as an Agreed Surveyor.
Section 20 guarantees that the appointed surveyor of lands cannot be from one of the parties to the dispute (i.e., the owners) which means that the owner cannot be independent. That alone reflects the neutrality of the designated surveyor but has also proven in cases that appointed surveyors to act as decision-maker rather than agents whose job it is to ensure the rights of both parties are protected regardless of the owner’s choice (or pre-appointed).
So, in order to avoid any conflicts and promote a safe and sound working system, appointing the a Professional Surveyor is very important. His main role is to resolve the disputes and serve the Party wall award. He makes the work easier and as a result, the work is done on a lower budget and in a short time.go back