Can I change party wall surveyor?
Once appointed, the parties cannot dispense or replace a surveyor, except in very limited circumstances. For example, when the surveyor is incapable of acting or neglects to act. Appointed surveyors can take decisions which are binding on the parties, so choose your expert carefully.
Are party wall surveyors independent?
Like all our property surveys, Barnes & Barnes’ Party Wall Surveys are conducted by RICS registered surveyors and provide an independent and impartial service. A Party Wall is a dividing partition between two properties, the owners of which have shared responsibility for the wall.
Can I build right up to my boundary?
Your neighbour only has the right to build up to the boundary line between the two properties but sometimes they can build on your land. A new party wall and foundations can be built on your land if you give them consent.
Why are appointed Party Wall Surveyors not rescinded?
Well, that is exactly the position that appointed party wall surveyors find themselves in. Section 10 (2) of the Act confirms that ‘ All appointments and selections made under this section shall be in writing and shall not be rescinded by either party “. Take that Lord Sugar!
What happens if a surveyor refuses to do a job?
In that scenario either owner may serve a request on the Agreed Surveyor and should that surveyor either refuse or neglect to act upon that request within a period of 10 days proceedings ‘ shall begin de novo’ (start over). That would allow the owners to appoint a different Agreed Surveyor or indeed separate surveyors.
Can a surveyor be replaced by the owner?
If they are the Agreed Surveyor they will obviously fail to respond to request from the owners and can be replaced but if they act for just one of the owners they will remain appointed indefinitely.
When does a surveyor have to stand down?
Occasionally a surveyor will agree to stand down (or technically declare themselves ‘ incapable of acting ‘) when the relationship with their appointing owner has broken down and they are at the end of their tether – it normally comes with the condition that fees incurred to date are paid up.
