If you’re planning to carry out any construction work that involves a shared wall or boundary between two properties, you may need to appoint a party wall surveyor to ensure that the work complies with the Party Wall Act of 1996. However, you may wonder if a designer can act as a party wall surveyor, and what the legal and practical implications of such an arrangement might be. In this article, we’ll explore this issue in detail, including the relevant regulations, potential conflicts of interest, and alternative solutions.
Legal Considerations
According to the Party Wall Act of 1996, any party wall surveyor appointed to resolve disputes or oversee construction work must be independent and impartial. This means that a designer, who may have a vested interest in the design or outcome of the work, may not be the best choice to act as a party wall surveyor. The Act also requires party wall surveyors to have appropriate qualifications and experience in the field, which a designer may not possess.
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 acts as a party wall surveyor may face a conflict of interest, as they may be tempted to favour their own design or interests over those of the neighbouring property owner.
- Expertise – Party wall surveyors require specialist knowledge and experience in the field of construction, engineering, and legal regulations, which a designer may not have.
- Liability – If a dispute arises or if the work does not comply with the relevant regulations, a designer acting as a party wall surveyor may be held liable for any damages or legal costs incurred.
Alternative Solutions
If you’re not comfortable with appointing a designer as a party wall surveyor, or if you’re concerned about potential conflicts of interest, there are alternative solutions you can consider. These include:
- Hiring an Independent Party Wall Surveyor – You can hire an independent party wall surveyor who has no vested interest in the design or outcome of the work. This will ensure impartiality and compliance with the relevant regulations.
- Working with a Designer and a Party Wall Surveyor – You can work with both a designer and a party wall surveyor, who can collaborate to ensure that the work is both compliant and aesthetically pleasing.
- Obtaining Professional Advice – You can seek professional advice from a qualified surveyor, who can guide you through the legal and practical considerations of party wall matters.
Conclusion
While a designer may have the necessary design skills and knowledge to carry out construction work, they may not be the best choice to act as a party wall surveyor. Hiring an independent and impartial party wall surveyor can ensure compliance with the relevant regulations and avoid potential conflicts of interest. At Faulkner Surveyors, we provide expert party wall surveying services to help you navigate any party wall disputes or concerns. Contact us today to learn more about our services and how we can help you with your property project.