How to play nicely: The current law of party wall surveyors’ duties , and what to do with it

Abstract

This paper aims to set out the current state of the law on the duties and responsibilities of party wall surveyors, in the context of historic and recent case law, with a particular focus on Welter v McKeeve (2018) and Walsh v PSB Management & others (2022), and based on that to give the reader a practical guide to dealing with the difficulties of being instructed by one party but having duties to that party jointly with others. It identifies a trend in case law on party wall surveyors’ duties of having particular regard to the rights and interests of the adjoining owner and notes a potential inconsistency with the client-facing duties owed by party wall surveyors appointed by building owners. It discusses the extent to which, and manner in which, party wall surveyors should include their appointing owners in their investigation and decision-making process. It concludes that these might best be resolved by acting as impartially as possible commensurate with the surveyor’s duties to their appointing owner, keeping the parties reasonably informed, but at all times retaining control over the decision-making process. The law is stated as at February 2024.