Calendar 25th April 2024

Person Roger Hannah

To grasp a 10(4) surveyor appointment, one must first comprehend the process of serving both a ‘Party Wall Notice’ and a ’10(4) Party Wall Notice’ under the Party Wall etc. Act 1996.

Instances arise where a homeowner (referred to as the building owner under the Act) intends to conduct construction on their property. Should these works fall under the jurisdiction of the Party Wall etc. Act 1996, the building owner holds a legal obligation to serve a Party Wall Notice on the neighbouring owner, informing them of the intended works. For instance, excavation activities may impact soil movement and potentially the neighbouring property’s foundations, leading to structural or aesthetic damage.

Neighbouring owners, upon receiving these Notices, have three choices:

  1. Consent to the works (with or without a Schedule of Condition Report).
  2. Object to the works and appoint their Party Wall Surveyor.
  3. Object to the works and agree to appoint an ‘Agreed Surveyor,’ who represents both parties impartially.

Following the service of the notice, the neighbouring owner has a 14-day response period under the Party Wall, etc. Act 1996 (with an additional 2 days for postage).

Should no response be received at this stage, the Building Owner or their Party Wall Surveyor can serve a ’10(4) Party Wall Notice’ under the Act, granting the neighbouring owner an additional 10 days to respond. This notice typically includes the date of the original Party Wall Notice and further details regarding the proposed works.

If, even after the 10(4) Notice, there is no response from the neighbouring owner, the building owner or their party wall surveyor can proceed with appointing a surveyor under Section 10(4) of the Act, allowing the building owner to appoint a surveyor on behalf of the non-responsive neighbouring owner(s).

The appointed 10(4) Party Wall Surveyor acts impartially to facilitate agreement on the Party Wall Award for the non-responsive neighbouring owner. Attempts are made to establish communication with the non-responsive owner. If communication is initiated, the process mirrors that of a dissenting neighbouring owner appointing their surveyor.

However, if the neighbouring owner remains unresponsive, the Building Owner’s Surveyor and the appointed 10(4) Party Wall Surveyor collaborate to conduct an external Schedule of Condition Report, agreeing upon and serving a Party Wall Award governing the proposed works.