According to the Party Wall etc. Act 1996, you may need to appoint a party wall surveyor Crawley if your development work affects a wall or boundary shared with another property. The Act states that anyone, including a designer, can be appointed as a party wall surveyor, as long as they act independently and their duty is to the Act itself, not to the person who appoints them.
We will address this problem in more detail in connection with the regulations, possible conflicts of interest and other options here Crawley.
Legal Considerations For Party Wall Surveyor Crawley
The Party Wall Act 1996 states that any party wall surveyor appointed to settle disputes or oversee works must be impartial and independent. What this means is that, as a designer (who may have an interest in the design or result of the work), you would not be seen as best suited to act as a party wall surveyor. The Act has also ensured that people handling such disputes possess the necessary qualifications and experience that a designer does not have.
Practical Considerations
Apart from the legal requirements, there are several practical considerations you should take into account before appointing a designer as a party wall surveyor. These considerations include:
- Conflict of Interest – A designer who also takes on the role of a party wall surveyor will have a conflict of interest, as the temptation to favour his or her own design or tautness will be strong when acting for the neighbouring property owner.
- Expertise – Party wall surveyors with specific knowledge and experience working in construction engineering and legal regulation that a designer may not have
- Liability – If a dispute arises or the work fails to meet relevant regulations, a designer who acts as the party wall surveyor may be liable for any damages and/or legal fees.
Alternative Solutions to Party Wall Surveyor
If you do not want to use a designer as a party wall surveyor, or you are worried about conflicts of interest, other resolution options exist. These include:
- Choosing an Independent Party Wall Surveyor Crawley – You may also appoint an independent party wall surveyor, at arm’s length and with no personal interest in the design or the outcome of the work. This will guarantee objectivity and adherence to the relevant regulations.
- Collaborating with a Designer and a Party Wall Surveyor – You may engage both a designer and a party wall surveyor who coordinate to ensure the work is both compliant and aesthetically appealing.
- Prospective Professional Advice – A surveyor qualified to oversee preparation and manage the implications of party wall issues can help you
Conclusion
A designer may be skilled and qualified to carry out construction work, but that does not make them a party wall surveyor. To ensure this is carried out in accordance with regulations and without conflict of interest, it may be beneficial to hire a qualified, independent, and impartial party wall surveyor. Whatever the case, Faulkner Surveyors in Crawley offers you unrivalled party wall surveying services in Crawley for solving any sort of party wall disputes or concerns. Get in touch with us now to know more about our services and how we can help you out with your property project.
FAQs : Can a designer act as a party wall surveyor?
Can the person who designed my extension also act as my party wall surveyor?
In theory, possibly. The Party Wall etc. Act 1996 only rules out the building owner and the adjoining owner from taking the role, so, strictly speaking, a designer is not banned by the wording of the Act. In practice though, it rarely works out. The Faculty of Party Wall Surveyors Code of Conduct is clear that combining the surveyor role with that of project designer or project manager can create a situation that is “incompatible and should be avoided.” Your neighbour also has the right to refuse, and most will. If they object, you are back to square one, which usually costs more than just hiring an independent surveyor from the start.
What is the actual problem with using a designer for both jobs?
It comes down to impartiality. A party wall surveyor performs what the courts have called a “quasi-judicial” function, which means they are expected to reach fair decisions in much the same way an arbitrator would. The leading case on this, Welter v McKeeve (2018), made the point that a surveyor has to stay properly detached from the owner who appointed them and act for the process itself. A designer who has spent months working on your plans and stands to see their own design built is simply not detached in that sense. Even if they try to act fairly, the appearance of bias alone is often enough to cause problems later.
If the designer has a professional qualification, does that make it safer?
Not really, no. Qualifications like RIBA membership for architects or chartered status through RICS show competence in a particular field, but they do not change the conflict of interest issue. Being a skilled designer is not the same as knowing how to serve notices correctly under sections 1, 2 and 6 of the Act, draft a watertight schedule of condition, or handle a referral to a third surveyor. A few designers do hold specific party wall training through bodies like the Faculty of Party Wall Surveyors, but even then, they would not normally take the surveyor role on a project they designed themselves.
What happens if my neighbour accepts my designer as the agreed surveyor and something goes wrong?
That is where things get uncomfortable. If a dispute later arises, say your neighbour spots cracks or claims the works strayed beyond what was allowed, the award can be appealed to the county court within 14 days of being served. A court that finds apparent bias can set the award aside entirely. At that stage you may be looking at a second round of surveyor fees, legal costs, and potentially compensation if your works caused damage that the original award did not properly cover. The designer themselves could also face a professional complaint through their own regulator, which is a headache nobody needs partway through a build.
If I do not use the designer, what is the best way to keep costs sensible for party wall surveyor?
The most cost-effective route is usually to suggest an “agreed surveyor” to your neighbour. That is a single independent surveyor appointed by both owners, which keeps fees to one set rather than two. If your neighbour would rather have their own person, that is their right under the Act, and you will pay for both surveyors. Either way, getting the designer and the party wall surveyor to talk early saves time. The designer hands over drawings, foundation details, and method statements, and the surveyor drafts the award around them. Two people doing their own specialism tends to be faster and cheaper than one person trying to wear both hats and ending up in a dispute.