Overview
The role of the adjoining owner's surveyor is not fully defined in the Party Wall etc. Act 1996. That uncertainty can allow fee-driven surveyors to expand their role beyond what the Act requires.
In our view, that should be resisted.
The adjoining owner's surveyor is appointed to resolve disputes under the Act. They are not appointed to redesign the building owner's project, act as a planning consultant, act as building control or act as the adjoining owner's agent.
1. Design preferences
The adjoining owner's surveyor is not responsible for ensuring that the design meets the adjoining owner's preferences.
The building owner cannot be compelled to change a lawful design simply because the adjoining owner or their surveyor would prefer a different design.
The surveyors can address the manner of carrying out notifiable works and can include reasonable protections, but they should not use the Act to redesign the project.
2. Structural design responsibility
The adjoining owner's surveyor is not the structural engineer for the project.
They may properly ask for enough information to understand the notifiable works and the risks to the adjoining property. However, they should not take over the design.
If a surveyor insists on design changes, they should recognise the risk of stepping into the role of de facto designer and the responsibility that may follow from that.
3. Building regulations and planning
The adjoining owner's surveyor is not responsible for building regulations approval or planning permission.
Section 7(5) makes clear that the Act does not authorise works to be carried out in breach of other statutory requirements. It is usually enough for the award to require compliance with statutory requirements. The surveyors do not need to duplicate the role of building control or the planning authority.
4. Matters outside the Act
The adjoining owner's surveyor should not try to include matters in an award that are outside the scope of the Act. Doing so increases costs, creates delay and may make the award vulnerable to challenge.
Summary
An adjoining owner's surveyor who seeks to operate outside their remit should be challenged. The Act is there to regulate notifiable works and resolve disputes arising from them. It should not be used to impose design preferences, duplicate statutory approvals or generate unnecessary fees.
Email: info@coburnspartywall.co.uk
Phone: 0207 11 88 3 55
Disclaimer
This article is for general information only and is not legal advice. It is not tailored to any specific property, project or dispute.
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Understand the limits of the adjoining owner's surveyor's role under the Party Wall Act, including design, structural checks, planning and building regulations.
Adjoining owner's surveyor: responsibilities and limits under the Party Wall Act | Coburns Party Wall