No, a property owner cannot act as their own Party Wall Surveyor.
It is essential to understand that while you might be tempted to handle a Party Wall Agreement yourself to save costs, the law requires an impartial professional to oversee the process. Here's a detailed breakdown:
Why You Can't Be Your Own Party Wall Surveyor
According to established guidelines, a property owner cannot act for themselves in a Party Wall Agreement. This rule is in place to ensure fairness and impartiality in the process. The law aims to protect the interests of both the building owner and the adjoining owner.
Who Can Act as a Party Wall Surveyor?
Any impartial person can be appointed as a Party Wall Surveyor. However, it's strongly recommended that the chosen surveyor has a background in construction and is knowledgeable about the procedures outlined in the Party Wall etc. Act 1996.
Key Requirements for a Party Wall Surveyor:
- Impartiality: The surveyor must be neutral and capable of making objective decisions.
- Construction Experience: A solid understanding of construction practices is necessary to assess the potential impact of proposed work.
- Knowledge of Party Wall Act: The surveyor should be familiar with the legal framework governing party wall matters.
How to Choose a Surveyor
When choosing a surveyor, consider the following:
- Qualifications and Experience: Verify their background in construction and their familiarity with the Party Wall Act.
- Reputation: Look for reviews or recommendations from previous clients.
- Professional Memberships: Check if they are members of relevant professional bodies.
The Role of a Surveyor in a Party Wall Agreement
The Party Wall Surveyor’s responsibilities typically include:
- Preparing the Party Wall Award: This document outlines the rights and obligations of both owners and sets out the specifics of the planned work.
- Serving Notices: Ensuring proper legal notification to all affected parties.
- Resolving Disputes: Acting as a neutral intermediary should any conflicts arise.
- Overseeing Work: Monitoring the construction to ensure compliance with the Party Wall Award.
Conclusion
In summary, while you can't be your own Party Wall Surveyor, selecting the right independent professional is vital for a smooth and legally compliant process. It is a legal requirement to ensure fairness and protect both your interests and the interests of your neighbors.
