Overview
A party-wall appointment is a statutory appointment. Once made in writing under section 10, it cannot simply be rescinded by either party because one owner later changes their mind or becomes unhappy with the surveyor.
This applies whether you appoint your own surveyor or concur in the appointment of an agreed surveyor. It is therefore not an argument for or against the agreed-surveyor route. It is a reason to choose carefully whichever route you take.
Why this matters before you appoint
Many owners assume that appointing a surveyor works like instructing an estate agent, architect or other consultant: if the relationship goes badly, they can terminate the appointment and choose somebody else. The statutory process is different.
Before signing an appointment or agreeing to a proposed surveyor, take a little time to check who the person is, how they communicate, whether they regularly deal with party-wall matters and whether you are comfortable that they will deal with concerns properly.
- Read the appointment before signing it.
- Check the exact individual being appointed, not only the firm name.
- Ask who will actually carry out the work.
- Look at the quality of the notice and guidance already supplied.
- Ask questions before appointing, rather than hoping problems can be fixed by changing surveyor later.
What if the surveyor will not act?
The Act contains mechanisms for particular situations in which a surveyor dies, refuses to act, neglects to act or becomes incapable of acting. Those situations are different from an owner simply deciding that they would now prefer somebody else.
If you are concerned that a surveyor has genuinely stopped acting, do not assume that you can simply appoint a replacement. The correct next step depends on the circumstances and should be considered within the statutory process.