Can a Surveyor act for both parties?
A Surveyor jointly selected, that is an Agreed Surveyor, should be independent and play no part in the design or construction of the works. An Agreed Surveyor must act completely impartially and serve the best interests of both parties or reach a compromise that is fair to both sides. The duty of a Surveyor, appointed under the Party Wall Etc Act 1996, is to look after the interests of his or her appointing owner or owners and, in the case of an Agreed Surveyor, he or she should ensure that those parts of the works which affect the property of the adjoining owner are constructed in accordance with the Award. It is therefore necessary for the Surveyor to carry out sufficient inspections to meet his or her obligations. The Surveyor should inform the Building Owner of the stages at which he or she requires to carry out an inspection or inspections and, ideally, this should be written into the Award. If the Building Owner fails to co-operate then the Surveyor should attend regardless and,