Q&As

Changing a surveyor appointed under the Party Wall Act

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Published by a LexisNexis Property Disputes expert
Published on: 22 December 2015

If a building owner has not complied with a Party Wall Act Notice they have been served with, and has failed to appoint a surveyor under section 10(1)(b), can the building owner change the surveyor who has been appointed for them?

The Party Wall etc. Act 1996, s 10(1) (PWA 1996) states:

(1) Where a dispute arises or is deemed to have arisen between a building owner and an adjoining owner in respect of any matter connected with any work to which this Act relates either —

(a) both parties shall concur in the appointment of one surveyor (in this section referred to as an “agreed surveyor”); or

(b) each party shall appoint a surveyor and the two surveyors so appointed shall Forthwith select a third surveyor (all of whom are in this section referred to as “the three surveyors”).

PWA 1996,

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Jurisdiction(s):
United Kingdom
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Key definition:
Forthwith definition
What does Forthwith mean?

Forthwith is a term generally found in contracts, court orders, and primary and secondary legislation stipulating an immediate time frame within which an action or event is required to be done.

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