Party walls: When it goes wrong for surveyors and how they can deal with awkward situations

This paper is designed to assist surveyors in handling awkward party wall matters and understanding the limits of their own knowledge — the key message is: ‘Know what you know, know what you don’t know.’ Some of the complexities of recent case law are explained and it is the author’s suggestion that the administration of the Party Wall Etc. Act 1996 (the Act) is becoming far more complex and surveyors need to keep up to date with case decisions in all courts. Changes to the legislation itself are limited; however, case law is driving changes in the way the Act is interpreted and administered. This paper does demonstrate some of the recent cases and the decisions of judges that have had a more significant recent impact on the administration of the Act by surveyors; it also highlights the increasing complexity of judgments and findings within the courts. The need to keep abreast of these decisions is making the party wall surveyors’ role increasingly more complex. A good party wall surveyor will most likely be dedicated to this service exclusively and will have time to allocate to keep abreast of the case law. Members of the public would be well advised to seek these individuals when instructing.