The Party Wall etc Act 1996 is a strange piece of legislation written by Surveyors (some say for Surveyors), which operates in unusual ways. Generally, it regulates building works between adjoining neighbours and creates a system whereby surveyors are appointed by the parties to settle the matter by way of a legally binding award, akin to arbitration. It was recently emphasised in the Court of Appeal that the Act is designed to “constitute a means of dispute resolution which avoids recourse to the courts”[1].
The mechanics and circumstances under which a Party Wall Surveyor discharges his statutory duties can be contentious and uncertain, often with one party to the procedure being unhappy with the outcome and unwilling to pay some or all of the professional fees incurred. This may lead to a Party Wall Act Surveyor having difficulty recovering his fees.
