Navigating the complexities of party wall matters can be daunting, especially when disputes arise. One of the key figures in resolving these disputes is the Party Wall Surveyor.
But what happens if you’re not satisfied with their performance? Can you sack a Party Wall Surveyor? This comprehensive guide by Faulkner Surveyors aims to address this critical question and provide clarity on your rights and procedures.
Understanding the Role of a Party Wall Surveyor
Before we explore the possibility of dismissing a Party Wall Surveyor, it’s important to understand their role. A Party Wall Surveyor is appointed under the Party Wall etc. Act 1996 to resolve disputes between neighbours regarding building works that affect a shared wall, boundary, or structure.
Their primary responsibility is to ensure that the works are carried out smoothly and that both parties’ interests are protected.
Key Responsibilities
Preparing and Serving Notices: Ensuring that all necessary legal notices are served to the adjoining property owner.
- Conducting Inspections: Assessing the condition of the property before and after the works.
- Drafting the Party Wall Award: Establishing the rights and obligations of both parties.
- Resolving Disputes: Acting impartially to resolve any disagreements that arise during the process.
Can You Sack a Party Wall Surveyor?
The short answer is, yes, but it is not straightforward. Dismissing a Party Wall Surveyor is subject to specific conditions and legalities outlined in the Party Wall etc. Act 1996. Here’s a detailed look at the scenarios under which you can consider sacking a Party Wall Surveyor:
Lack of Impartiality
One of the core tenets of a Party Wall Surveyor’s role is to act impartially. If you believe that the surveyor is biased or favouring one party over the other, you may have grounds for dismissal. However, proving impartiality can be challenging and typically requires substantial evidence.
Professional Misconduct
If a Party Wall Surveyor is found to be engaging in professional misconduct, such as failing to carry out their duties, ignoring legal requirements, or conducting themselves unethically, you can seek their dismissal. Complaints can be made to the surveyor’s professional body, such as the Royal Institution of Chartered Surveyors (RICS).
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Incompetence
Incompetence is another valid reason for seeking the dismissal of a Party Wall Surveyor. If the surveyor lacks the necessary skills or knowledge to perform their duties effectively, it can lead to delays and complications in the construction process.
Breach of Contract
If the Party Wall Surveyor has breached the terms of their contract, you may have grounds for dismissal. This could include failure to meet deadlines, inadequate performance, or not adhering to agreed-upon procedures.
The Dismissal Process
Sacking a Party Wall Surveyor is not as simple as terminating an employee. It requires a formal procedure, and understanding this process is crucial to avoid potential legal complications.
Attempt Conflict Resolution
Before proceeding with dismissal, it is advisable to attempt resolving the conflict through communication. Discuss your concerns with the surveyor and see if a resolution can be reached. This step can often resolve misunderstandings and avoid the need for dismissal.
Seek Advice from a Third Surveyor
If you have appointed three surveyors (one for each party and an agreed third surveyor), you can seek advice from the third surveyor. The third surveyor can provide guidance on whether dismissal is warranted and the best course of action.
Formal Complaint
If the issue persists, you can file a formal complaint with the surveyor’s professional body, such as RICS. They will investigate the complaint and, if necessary, take disciplinary action against the surveyor.
Legal Action
In extreme cases, legal action may be necessary. Consult a solicitor experienced in party wall matters to explore your legal options. They can provide guidance on the best way to proceed and represent you in any legal proceedings.
Appointing a New Party Wall Surveyor
If you successfully dismiss a Party Wall Surveyor, the next step is to appoint a new one. Here’s how to go about it:
Selecting a Qualified Surveyor
Choose a surveyor who is experienced and qualified in party wall matters. Check their credentials and ensure they are a member of a professional body, such as RICS.
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Clear Communication
Clearly communicate your expectations and the issues that led to the dismissal of the previous surveyor. This ensures that the new surveyor is fully aware of the situation and can take appropriate action.
Formal Appointment
Formally appoint the new surveyor by serving a notice. Ensure that all legal requirements are met to avoid any further complications.
Preventing Future Issues
To avoid the need to sack a Party Wall Surveyor in the future, consider the following tips:
Conduct Thorough Research
Research and select a reputable Party Wall Surveyor from the outset. Look for reviews, recommendations, and professional affiliations.
Clear Terms of Appointment
Establish clear terms of appointment and expectations from the beginning. This includes timelines, responsibilities, and communication protocols.
Regular Communication
Maintain regular communication with the surveyor throughout the process. Address any concerns promptly to prevent misunderstandings and conflicts.
Final Thought
While sacking a Party Wall Surveyor is possible, it is a complex process that should be approached with caution. Understanding your rights and the proper procedures is crucial to avoid legal complications.
At Faulkner Surveyors, we are committed to providing expert guidance and support in all party wall matters. If you have any concerns or need assistance, don’t hesitate to contact us.
Ready to ensure your party wall matters are handled professionally and efficiently? Book a consultation with Faulkner Surveyors today and experience the difference our expertise can make.