Once a Party Wall Notice has been served on an Adjoining Owner if a dispute arrises between the two owners the party wall surveyor or surveyors act in a similar, though not identical manner to arbitrators, and therefore must produce an ‘award’ to settle the dispute.
An award regulates the time & way in which the works are to be conducted as well as dealing with any other related incidental matters such as costs and compensation.
The award is a legally binding document. Accordingly, the surveyors should provide a service that for the most part is impartial.
Whilst they should be receptive to their appointing owner’s wishes, the usual relationship between client and professional advisor does not apply.
A party wall surveyor’s remit is strictly limited to those matters governed by the Act. Consequently, their primary duty is to ensure that the Act’s requirements are administered properly, efficiently, and fairly.