What’s the Role of the Third Surveyor within the Party Wall Act?
The function of the Third Surveyor in the Party Wall Act is to be an independent and impartial professional who is appointed to deal with disputes between the appointed party wall surveyors or with disputes when either party does not agree with the surveyor’s decision or appointing a Third Surveyor. The Third Surveyor acts as a neutral arbitrator and ultimately ensures compliance with the Party Wall Act and impartiality. The following highlights the main functions of the Third Surveyor:
- Dispute Resolution: If the two appointed party wall surveyors to a dispute fail to agree or one of the parties does not agree with the party wall surveyor’s decision, the client can refer the matter to the Third Surveyor. The Third Surveyor may resolve the dispute by considering the dispute and evidence from both parties, hearing the arguments from the parties and making a finding on the matter, using their powers and authority and that decision will be binding the parties.
- Impartiality and Independence: The Third Surveyor is appointed by the two-party wall surveyors or mutually agreeable by the party wall surveyors, the appointing authority, or respective professional associations. The Third Surveyor appointed should demonstrate impartiality and independence, so the decision will be fair and impartial, based on the merit of the case and provisions of the Party Wall Act.
- Expert Determination: The Third Surveyor adds their expertise and knowledge of the matters of the party wall dispute in order to determine the matter at hand. The Third Surveyor will take into consideration the provisions of the Party Wall Act, the relevant legal provisions and swells of the industry to produce a fair and reasonable outcome. Their determination is binding on the parties to the dispute.
- Compliance: The involvement of the Third Surveyor provides assurance that the Party Wall Act and any resolutions made by the surveyors appointed by the parties will be complied with. Third Surveyor’s decision carries the same legal status of the appointed surveyor’s decision and is a vehicle for resolving disagreements, avoiding delays, and ensuring parties do not have to dispute the matter further until arriving at a resolution during the party wall process.
Bear in mind, a Third Surveyor is a relatively rare occurrence with respect to party wall disputes typically because they are most often solved by opening lines of communication, negotiating, and coming to an agreement reached between the appointed surveyors. However, a Third Surveyor is available to provide a further level of protection and recourse in case of non-agreement by the surveyors themselves.
Please get in touch with us for a free consultation. Our well-versed and professional staff will determine whether the suggested work is covered by the Party Wall Act based on your drawings, which you can share with us via email or call. We offer you our best, customised, and risk-free advice. We are also pleased to provide our professional services to Greater London and the surrounding areas.
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