Party Wall etc. Act

Each Owner can appoint their own Surveyor, known as an Appointed Surveyor.

 

If one Owner:-

• refuses to appoint a Surveyor; or
• does nothing for ten days after a request by the other Owner to appoint a Surveyor;

the other Owner may appoint a Surveyor for him. An Agreed Surveyor cannot be used in this situation.

 

Both Surveyors then have to agree on, and name, a Third Surveyor, who will act as an umpire if both Surveyors disagree on a particular point.
Either Surveyor, and any Owner, can also request the Third Surveyor to determine the disputed matters and make the award.

 

If either Surveyor:-

• refuses to agree the Third Surveyor; or
• does not act for a period of ten days after a request to act by the other Surveyor;

then either Surveyor can ask an officer of the Local Authority, or the Secretary of State if one of the Owners is the Local Authority, to select the Third Surveyor.

Both Owners can agree to appoint one Surveyor, known as an Agreed Surveyor.

• Because the duty is to act impartially, the person selected should be a construction professional or lawyer. Otherwise the person should be known and trusted by both Owners.

This is the cheapest option.

A Surveyor's appointment does not end until the dispute is settled, but there are safeguards in the Act to promote timely completion of the process.

 

If an Agreed Surveyor:-

• refuse to act; or
• does not act for a period of ten days after a request to act by either Owner; or
• dies before the dispute is settled; or
• becomes, or confirm they have become, incapable of acting;

then the whole process has to start again.

 

If an Appointed Surveyor:-

• dies before the dispute is settled; or
• becomes, or confirm they have become, incapable of acting;

then the appointing Owner may replace him.

 

If an Appointed Surveyor:-

• refuse to act; or
• does not act for a period of ten days after a request to act by either Owner, or the other Surveyor;

then the other Surveyor can act as if he was an Agreed Surveyor.

 

If a Third Surveyor:-

• refuse to act; or
• does not act for a period of ten days after a request to act by either Owner, or either of the Appointed Surveyors; or
• dies before the dispute is settled; or
• becomes, or confirm they have become, incapable of acting;

then the two Appointed Surveyors must select another Third Surveyor before continuing.