Party Wall Act - Third Surveyor Referral and Costs

This publication serves to offer frustrated parties or indeed those doing their homework prior to appointing a party wall surveyor a summarised overview of the available mechanism of referral to the Third Surveyor.

The scene is set and it's been a relatively painful process navigating through the formalities of the Act, whether it's an appointing owner who is perceived as influencing their nominated party wall surveyor with erroneous demands, or even perhaps an appointed surveyor who is simply going AWOL with their direction and advice and causing confusion and hold up to the Party Wall Process.....

.......Up steps the Third Surveyor, under Section 10 (11) of the 1996 Act.

a party wall surveyor causing dispute rather than resolve

Party Wall Surveyor Causing Havok

best party wall surveyors are TK Surveying Group

Fortunately, in practise most third surveyor referrals are nominal and as with the Party Wall Surveyors at TK Surveying Group, practitioners with good reputation and well versed on resolving disputes often knock heads and resolve issues that arise in a timely manner and no-one is none the wiser.

Referral to Third Surveyor

Most referrals are in regard to specific aspects rather than the full body of a proposed Party Wall Award., and normally made within two distinct scenarios:

1) The appointed surveyors fail to agree on legal interpretation/application of the Party Wall Act, and or a aspect of the proposed construction.

2) Either the Building Owner or Adjoining Owner can approach the third surveyor with a distinct issue they wish to address pertaining to the process be it surveyor related or otherwise.

In either scenario there are cost implications to be considered which are discussed later on this publication.

The Referral Process

In essence, the referral process involves the following steps:

third surveyor referral regarding a party wall dispute

1) Notification: The party initiating the

referral process notifies the third party wall surveyor. This notification serves as a formal request for the third surveyor's intervention in resolving the ongoing dispute.

2) Details of Dispute: Along with the notification, the referring party provides comprehensive details about the specific points of contention that have led to the impasse. This includes a clear description of the issues, the differing viewpoints of the involved parties, and any relevant evidence.

3) Third Surveyor's Role: Once notified, the third surveyor assumes the role of an impartial adjudicator. They review the information provided by both parties, analyse the legal framework of the Party Wall etc. Act 1996, and leverage their expertise in party wall matters to make an informed decision.

Party Wall Adjudication by Third Surveyor

Third Surveyor Adjudication

4) Third Surveyor's Award: Based on their assessment, the third surveyor renders a binding decision known as the "Third Surveyor's Award." This award serves as the official resolution to the dispute. The award outlines the steps to be taken, the responsibilities of each party, and any associated costs, if applicable.

5) Legal Authority: The Third Surveyor's Award holds legal authority and is binding on both parties involved in the dispute. It dictates the actions to be taken by the parties to resolve the issue. Failure to comply with the award could result in legal consequences.

6) Enforcement: Once the Third Surveyor's Award is issued, it becomes enforceable through the Courts. If either party fails to adhere to the terms of the award, the other party can seek legal recourse to ensure compliance.

Third Surveyor's Fees

Unlike the 'reasonable' costs under most circumstances being borne on the party benefiting from the work, namely the building owner, the liability for third surveyor fees may be apportioned ( from 0% through to 100%) by the Third Surveyor based on outcome of the dispute. This costs will normally be Awarded and become legally binding. A Third surveyor may request payment prior to Awarding on the dispute.

Hopefully the fact that costs may be apportioned is enough to mitigate spurious claims and further encourage parties to resolve any issues and reach amicable agreement without the need to refer to a Third Surveyor.

Referral to Third Party Wall Surveyor - Food for Thought

The referral process is a structured and formalised approach to dispute resolution under the Party Wall etc. Act 1996. It provides a clear mechanism for involving an impartial Third Surveyor to render a decision that is both fair and legally binding. This process ensures that disputes related to party wall matters can be resolved in a manner that adheres to legal framework and encourages amicable resolutions between involved parties.

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