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Surveyors Kingston – What is a Third Surveyor under the Party Wall Act?

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What is a Third Surveyor?

A third surveyor is a unique role. It comes about as part of the Party Wall etc. Act 1996. If there is a dispute, a third surveyor will be required. A third surveyor is selected by both the building owner’s surveyor and adjoining owner’s surveyor. This is done at the start of the process. Three suggestions for third surveyors are put forward. Hopefully, one will be chosen without difficulty. If one surveyor does not agree on the choice, other suggestions can be made. Our Surveyors Kingston Team are experienced in this field. If there are disputes, third Surveyors will help with this matter. They must be knowledgeable. They are also generally very experienced in party wall matters. As third surveyors, awards are binding legal documents. They should be signed and witnessed as with any other Award.

Often, appointed surveyors will work hard to resolve matters themselves. The third surveyor will often not be called upon. The third surveyor must be selected though.

The Party Wall etc. Act 1996, Section 10 of the Act; namely, section 10 (2) states:

“all appointments and selections made under this section shall be in writing and shall not be rescinded by either party”.

surveyors kingston

Surveyors Kingston properties

What if the Third Surveyor doesn’t want to be the third surveyor?

That’s ok. They can refuse. Anyone on the list should be a willing surveyor. That’s why they are on the list! The third surveyor is agreed under the Party Wall etc. Act 1996. This person should be appointed in writing.

Technically, the third surveyor has no formal standing until a dispute is referred to them.

The Government’s explanatory booklet will give you more information.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/523010/Party_Wall_etc__Act_1996_-_Explanatory_Booklet.pdf

Where can I find a list of (Third) Surveyors in Kingston, London or Surrey?

There is a list of all Faculty third surveyors on the website of the FPWS (Faculty of Party Wall Surveyors).

https://fpws.org.uk/third-surveyors/

Our Party Wall Surveyor Surrey Team at Prinsegate are experienced in all aspects of party wall matters.

surveyors kingston

Surveyors Kingston Party Wall

What’s the difference between each Surveyor?

This is a common question. A building owner’s surveyor and adjoining owner’s surveyor both appoint a surveyor. This is to solve any party wall dispute. The third surveyor is there to determine any disputed matters. Building Surveyor Kingston Team specialists can help with these issues.

It should be the aim of the two surveyors to resolve the dispute themselves. They should try and avoid a third surveyor being called in. Sometimes though, it is the only way to resolve disputes.

The RICS (Royal Institute of Chartered Surveyors) has a useful page available. Please click the link below for more information on third party surveyor.

http://www.rics.org/uk/news/news-insight/comment/the-third-surveyor-in-party-wall-disputes/

The FPWS (Faculty of Party Wall Surveyors) can also offer advice on this matter.

https://fpws.org.uk/

What does a Third Surveyor do?

The third surveyor must have an in-depth knowledge of the Party Wall etc. Act 1996. They might require knowledge of different Acts and legislation. This could be the Civil Procedure Rules. Inexperienced or incompetent third surveyors may serve awards which will render them liable to appeal. They may be fundamentally incorrect on the face of things.

The third surveyors duties are to resolve disputes, give advice and to serve a party wall award. This is a document which sets out the work that will be done. It also states when and how the work will be carried out. This can include limiting continuous noise. It will also specify any additional work required. The Party Wall Award will have a record of the condition of the adjoining property. This is before the work has started. Surveyors, under the award, can inspect the works whilst they are happening.

Our experienced Building Surveyor Surrey can provide more information on this matter.

surveyors kingston

Surveyors Kingston Buildings

The Party Wall Act with regards to Third Surveyors

When the Party Wall etc. Act 1996 came into force, it was for the benefit of everyone. This included the surveyors, building owne’s and adjoining owners to name but a few. It could be for alteration work, a new construction, or alterations to an existing structure.

Before the Party Wall Act, disputed party wall matters could become very complicated. Sometimes an outcome couldn’t be achieved. If this is a problem that you are dealing with, surveyor Kingston Team specialists can help.

Surveyors Kingston – Costs

We’re often asked how much this sort of work costs. The answer to that can vary. Different Surveyors, different situations. There are no set costs. The Party Wall etc. Act 1996 states that surveyors are to be paid reasonable costs for drawing up the awards. A breakdown of costs can be requested.

Prinsegate Chartered Surveyors can talk you through the costs involved. Our website is:

https://prinsegate.com/

You will find lots of different information available on our website.

Conclusion

Remember, all surveyors (including third surveyors) have a duty of care. This is not only with regards to the awards but also in a professional manner. All surveyors must prepare their work efficiently.

As stated earlier, party wall awards are binding legal documents. Either party can challenge the award. This would be appealed to the county court. A third surveyor must be chosen with care.

It is important to remember also that the third surveyor can not be one of the parties already involved.

If you require further information regarding third surveyors, or any party wall matters, please contact us at Prinsegate Chartered Surveyors.

For further information on the Party Wall etc. Act 1996, there is a downloadable document available by clicking this link.

https://www.legislation.gov.uk/ukpga/1996/40/pdfs/ukpga_19960040_en.pdf

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