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PARTY WALL etc. ACT 1996
The Party Wall etc. Act is facilitating legislation by providing rights to building owners that would no otherwise be available, subject to the service of notice to initiate a process. An adjoining owner may consent and bring the matter to a close, or dissent. If dissent is the chosen option then both building owner and adjoining owner have to have a surveyor under the Act. The Act allows for one surveyor to represent both parties to a dispute. (i.e. the Building Owner and the Adjoining Owner). The party wall surveyor should be fair and honest, and act impartially at all times to properly represent both their interests. All parties and the surveyor have to agree that this is the correct option in the circumstances and if not the surveyor may decline such an appointment. One reason sometimes being that there is no '3rd surveyor' with a single agreed surveyor appointment and that can be disadvantageous for the property owners.
This arrangement can work well with straight forward matters and when the neighbours get on well — and especially when the matter is non contentious. If a party wall surveyor sees issues that are likely to be problematic or contentious, it is best to decline an agreed surveyor role.
As the Act enables and allows the parties to the dispute to agree that one surveyor will represent them both this option should be considered favourably as this can be a cost effective and usually a quick way of dealing with straight forward and non-contentious matters. However, both parties have to agree and equally the surveyor must be comfortable that the matter allows for such with no potential for a conflict of interest.
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