How to Choose a Party Wall Surveyor Carefully [As per the Party Wall Act]
Before moving on to the main topic, let’s Understand Party Wall etc. Act 1996…
Introduction to Party Wall Act
The Party Wall etc. Act 1996 describes a structure to smoothen the process of building work close to any neighbouring property. In case you have some plan to work which may affect the party wall structure or boundary of your neighbour, then it turns out to be mandatory for you to follow the Party Wall Act.
Appointing a Party Wall Surveyor
Before the work starts, it will be good for you to hire a professional party wall surveyor. This will be the only way through which you can make sure that the appropriate notices, as well as the correct course of action, is triggered. You must achieve the binding agreement, also termed as the final award aka “Party Wall Award”. If you are not following the procedure then, this award will be considered invalid. An invalid award provides nil protection and aside to this it will delay the process of building. One of the best inexpensive, as well as a preferred route for you, will be to agree to appoint the same surveyor. In case you are not ready to agree with this route, then you have only one option left and that is to appoint the surveyor on your own.
Corresponding surveyors are not playing the role of agents for the appointing parties. Well, it means that they are not there particularly for advocating any viewpoint. The role of the expert in regards to party wall Act will be to follow the saying of the law as mentioned in the Act. After making an appointment of Surveyor, the parties will not have the power dispense or even replace the surveyor, although there are limited circumstances where they can. Let’s take an example. Suppose the surveyor proves to be incapable of playing his role or neglects the rules of the act then parties can dispense or replace surveyor. Hired surveyors do have the power to take decisions which will be must for the parties to follow. Ensure you choose the party wall expert very carefully.
Party Wall Agreement as a Part of Party Wall Procedure
The party law strongly expects that the experts will offer practical decisions to make effort for resolving issues. In the worst case, if there happens no agreement, then, in that case, the need may arise for appointing the third surveyor by the parties to play the role of an arbitrator.
The third surveyor appointment needs to be accurately and strictly as per the law. The reason behind this is that the third surveyor holds the position without the power to make a binding decision to be followed by the parties as intended by the Act. A plethora of powers are given to the surveyors by the Act. Hired surveyors are mostly left to execute the process for delivering the final party wall award, but they are no way empowered to act moving out of the powers that were given to them under the Party Wall Act.
In general, after an award given, there is limited time available within which one can appeal for the decision through court proceedings.
An appeal which can be made to the court is for a 14-day time limit calculated from the date when the final party act was awarded. If an appeal is not made within the given timeframe, the decision will be considered conclusive and further cannot anyhow be challenged. Well, there will be no time limitation for challenging an award in case the surveyors exceeded his/her power given to him/her under the Act.
If cases reach the court, Judges will adopt to go with a pragmatic view giving ways to matters to progress and remain less inclined towards intervening setting aside the award. Judges will not step in for the possible challenges towards the surveyor’s jurisdiction. The reason behind this is that if they do so then that will be undermining of the legislation and will be the reason for its failure.
Uncooperative and Adjoining Owners must remain aware of limitations in regards to what actually to be achieved by challenging the party wall issues via legal proceedings. You should try and select a conciliatory route towards getting a solution if in case the same is possible.
In case one fails to achieve any pragmatic as well as conciliatory approach, then he/she probably needs to go for legal advice. If the person can establish the fact that the surveyor’s jurisdiction under the party wall Act has exceeded, chances are there to overturn the award practically.
