Party wall surveyors act as independent and impartial mediators between neighbours who share a wall, boundary, or any other structure. They play a crucial role in ensuring that both parties' rights and interests are protected. However, the question that often arises is whether party wall surveyors are genuinely impartial or whether external factors influence their decisions.
Understanding the Role of Party Wall Surveyors
Before we start evaluating the impartiality of party wall surveyors, let's first understand their role. Party wall surveyors are appointed by either party or jointly by both parties to resolve disputes that arise between them concerning party walls, boundaries, or other structures. Their primary responsibility is to ensure that the work carried out on the party wall or any other shared structure does not cause any damage to the neighbouring property.
Party wall surveyors are required to act impartially, i.e., they should not favour either party over the other. They must make decisions based on facts, evidence, and the law. They must also provide a fair and unbiased assessment of the dispute and take into account both parties' interests.
Factors That Affect Impartiality
Despite the party wall surveyors' obligation to act impartially, there are some factors that may influence their decisions. Let's take a look at some of these factors:
1. Appointing Party
The party that appoints the party wall surveyor may influence their decision. If the surveyor is selected by one party, they may have a subconscious bias towards that party's interests. In such cases, it is essential to ensure that the appointed surveyor is genuinely impartial and can make decisions based on facts and evidence.
2. Experience and Knowledge
The party wall surveyor's experience and knowledge can also affect their impartiality. If a surveyor has more experience dealing with one type of party wall dispute, they may be biased towards that type of dispute. It is crucial to choose a surveyor who has a broad range of experience and knowledge in party wall matters.
3. Time and Cost
Time and cost can also play a role in the party wall surveyor's decision-making process. If a surveyor is appointed to resolve a dispute that requires a lot of time and effort, they may be tempted to rush the process to complete the work as quickly as possible. This may result in a decision that is not entirely impartial. Similarly, if a surveyor is appointed to resolve a dispute that is not financially rewarding, they may not put in the required effort to make a fair and unbiased decision.
4. Relationship with Parties
The party wall surveyor's relationship with the parties involved in the dispute can also affect their impartiality. If the surveyor has worked with one party before or has a personal relationship with them, they may be biased towards that party's interests. It is essential to ensure that the appointed surveyor has no personal or professional relationship with either party.
Ensuring Impartiality
To ensure that party wall surveyors remain impartial, there are several steps that can be taken:
1. Appointing Surveyors
Both parties should agree on the appointment of a party wall surveyor. If the parties cannot agree, they can appoint two surveyors, one each, who will then select a third surveyor to act as an umpire if required.
2. Qualifications and Experience
Before appointing a party wall surveyor, it is essential to check their qualifications and experience. A qualified and experienced surveyor is more likely to remain impartial and make a fair and unbiased decision.
3. Setting Clear Expectations
Both parties should set clear expectations with the surveyor at the outset. This will ensure that the surveyor understands the parties' interests and the dispute's nature and can make a decision that is fair and unbiased.
4. Timely Resolution
It is essential to resolve party wall disputes in a timely manner. The longer the conflict drags on, the more likely it is that the surveyor's impartiality will be affected. It is, therefore, essential to ensure that the dispute resolution process is completed as quickly as possible.
Conclusion
Party wall surveyors are required to act impartially and make decisions based on facts, evidence, and the law. However, several factors may influence their impartiality, such as the appointing party, experience and knowledge, time and cost, and the surveyor's relationship with the parties involved. To ensure that party wall surveyors remain impartial, both parties should agree on the appointment of a surveyor, check their qualifications and experience, set clear expectations, and resolve disputes in a timely manner.
If you need more information on the party wall act, turn to Icon Surveyors. Our surveyors are results-driven, ensuring through our assistance and hard work you achieve the best possible outcome and result, whatever your property matters. Request a quote.
