Definitions

Building Owner: The owner of a property proposing to carry out building works.

Adjoining Owner: The owner of a property adjoining that where works are proposed.

Schedule of Condition: A survey of the Adjoining Owner’s property to create a snapshot of the current condition of that property. This is essential in order to assess any claims of damage resulting from the Building Owner’s works.

Surveyor: The term "surveyor" is defined in the Act as any person who is not a party to the works. That means that property owners are not allowed to act as the surveyor since they have a vested interest in the building works proceeding, or not, as the case may be. The person appointed as party wall surveyor should be knowledgeable about construction and be well versed in party wall procedures. Ideally they should be registered with a regulating body within the industry. This will be either the Faculty of Party Wall Surveyors or RICS (Royal Institute of Chartered Surveyors). A Building Owner and Adjoining Owner will appoint a surveyor to act on their behalf. The surveyor(s) will negotiate and agree an Award (see below).

Agreed Surveyor: Where a single surveyor is appointed by both the Building Owner and Adjoining Owner. The appointment of a party wall surveyor is a statutory appointment rather than a commercial relationship. Party wall surveyors have an obligation to be impartial and it is this statutory impartiality that allows a party wall surveyor to be appointed by both the Building Owner and Adjoining Owner.

Third Surveyor: When a Building Owner and Adjoining Owner each appoint their own surveyor the two surveyors must agree on a Third Surveyor at the outset. The Third Surveyor acts as a judge in the event of a dispute between the two surveyors that has reached an impasse. This is a more efficient and cost effective method of resolving a dispute than going to court. It is very rare for surveyors to refer matters to the Third Surveyor.

Award: A legal document that explicitly states details of the proposed works, including plans, and also lays out the Building Owner’s and Adjoining Owner’s rights and responsibilities. This is agreed between the surveyor(s) acting on behalf of the Building Owner and Adjoining Owner.

Line of Junction: Generally refers to the boundary line.