Party Wall Services. Handled by Professional Surveyors.
Who Is Who in the Party Wall Process | Key Parties | LENIO

Who Is Who
in the Party Wall Process?

Who Is Who

The Party Wall Process parties are set by the Party Wall etc. Act 1996: the Building Owner doing the works, the Adjoining Owner next door, and the surveyors appointed to protect both sides. LENIO makes clear who is who, with every matter handled personally by a Chartered Civil and Building Engineer (ICE and CABE).

The Key Parties

Several Parties, One Clear Framework

If you are planning a loft conversion, extension, basement excavation, structural alteration, or have received a Party Wall Notice from a neighbour, you will encounter several parties throughout the Party Wall process.

The Party Wall etc. Act 1996 establishes a clear framework that defines the roles, rights, responsibilities, and duties of those involved. Understanding who does what can help Building Owners and Adjoining Owners navigate the process with confidence and avoid unnecessary delays or disputes. At LENIO Party Wall Surveyors, we believe that informed property owners make better decisions. This guide explains the key parties involved in the Party Wall process and their responsibilities under the Act.

Proposing the works

The Building Owner

The Building Owner is the person proposing to carry out works that fall within the scope of the Party Wall etc. Act 1996. In most cases, the Building Owner is the homeowner, developer, leaseholder, or property owner carrying out the works.

Works may include

Loft Conversions Rear Extensions Side Extensions Basement Excavations Chimney Breast Removals Structural Alterations Underpinning Works New Boundary Walls

Responsibilities of a Building Owner

  • Determine whether the Party Wall Act applies to the proposed works
  • Identify affected Adjoining Owners
  • Serve the appropriate Party Wall Notice(s)
  • Allow the statutory notice period to expire
  • Appoint a Party Wall Surveyor where required
  • Comply with the provisions of any Party Wall Award
  • Pay reasonable surveyors’ fees where the Act provides

Starting the Party Wall process early helps avoid unnecessary delays and ensures compliance before construction begins.

The neighbour who may be affected

The Adjoining Owner

The Adjoining Owner is the owner of a property that may be affected by the proposed building works. If you receive a Party Wall Notice from a neighbour, you are likely to be an Adjoining Owner for the purposes of the Act. The Party Wall Act is designed to protect Adjoining Owners while allowing reasonable development to proceed.

Rights of an Adjoining Owner

  • Receive a valid Party Wall Notice
  • Request additional information about the proposed works
  • Consent to the works
  • Dissent to the works
  • Serve a Counter Notice where applicable
  • Appoint their own Party Wall Surveyor
  • Have a Schedule of Condition prepared
  • Be protected by the provisions of a Party Wall Award

A dissent does not stop the works

Importantly, a dissent does not stop the works from proceeding. Instead, it triggers the statutory surveyor process established by the Act.

The impartial expert

The Party Wall Surveyor

When a dispute is deemed to have arisen under the Party Wall etc. Act 1996, surveyors are appointed to resolve the matter and prepare a Party Wall Award. A Party Wall Surveyor may be appointed by the Building Owner, the Adjoining Owner, or both owners jointly as an Agreed Surveyor.

What a Party Wall Surveyor does

  • Reviews the proposed works
  • Advises on compliance with the Act
  • Carries out Schedule of Condition Surveys
  • Negotiates Party Wall matters
  • Resolves disputes
  • Prepares and serves Party Wall Awards
  • Protects the interests of both owners
Party Wall Surveyor preparing a party wall notice report in London

One of the most misunderstood aspects of the Party Wall process is the role of the surveyor.

The legal duty: impartial and fair

A Party Wall Surveyor does not act as an advocate for the person who appoints them. Under the Party Wall etc. Act 1996, a surveyor has a statutory duty to act impartially and fairly when carrying out their responsibilities. Their role is to determine matters under the Act objectively and ensure that both owners are treated fairly. This principle applies whether the surveyor is appointed by the Building Owner, the Adjoining Owner, or jointly by both parties.

Acting For Each Owner

The Appointed Surveyors

Each owner may appoint a surveyor to act for them throughout the Party Wall process. Both surveyors still owe a statutory duty of fairness under the Act.

The Building Owner’s Surveyor

A Building Owner may appoint a surveyor to act on their behalf throughout the Party Wall process. This surveyor typically:

  • Reviews proposed works
  • Advises on statutory requirements
  • Prepares and serves Party Wall Notices
  • Liaises with adjoining owners
  • Negotiates Party Wall Awards
  • Coordinates the Party Wall process

At LENIO, we regularly act for Building Owners across London, helping projects proceed efficiently while complying with the Act.

The Adjoining Owner’s Surveyor

An Adjoining Owner may appoint their own surveyor to protect their interests following receipt of a Party Wall Notice. This surveyor typically:

  • Reviews the proposed works
  • Advises on the implications for the adjoining property
  • Arranges a Schedule of Condition Survey
  • Negotiates the terms of the Party Wall Award
  • Ensures appropriate safeguards are included within the Award

In most cases, the reasonable fees of the Adjoining Owner’s Surveyor are paid by the Building Owner proposing the works.

One surveyor, both sides

The Agreed Surveyor

The Party Wall etc. Act 1996 allows both owners to appoint a single surveyor known as the Agreed Surveyor. Rather than appointing separate surveyors, both owners agree that one surveyor will administer the Party Wall process and prepare the Award. The Agreed Surveyor must remain independent and impartial at all times and owes the same statutory duty to both owners.

Benefits of an Agreed Surveyor

  • Reduced overall costs
  • Faster resolution
  • Simpler communication
  • Fully compliant statutory process
LENIO Agreed Party Wall Surveyor acting for both owners on a Mayfair project

Experienced Agreed Surveyor across London

Sadadcharam Easwaran, Director of LENIO Party Wall Surveyors, has successfully acted as Agreed Surveyor on numerous residential and commercial projects throughout London.

The independent referee

The Third Surveyor

The appointed surveyors are required by the Act to select a Third Surveyor. The Third Surveyor acts as an independent referee and is only involved when the appointed surveyors cannot agree on a matter, when one of the surveyors formally refers a dispute, or when a determination is required under the Act.

Role of the Third Surveyor

  • Resolve disagreements between surveyors
  • Determine disputed matters
  • Make legally binding decisions
  • Assist in progressing the process where agreement cannot be reached

The Third Surveyor is independent and owes the same duty of fairness and impartiality as all surveyors acting under the Party Wall Act.

Independent Third Party Wall Surveyor reviewing a dispute in West London
The Takeaway

Why Understanding These Roles Matters

The Party Wall process works effectively because each participant has clearly defined rights, responsibilities, and duties under the Party Wall etc. Act 1996. Whether you are a Building Owner planning works or an Adjoining Owner who has received a notice, understanding who is responsible for what helps avoid confusion and ensures the process proceeds smoothly.

At LENIO Party Wall Surveyors, we guide Building Owners and Adjoining Owners through every stage of the Party Wall process, providing clear advice, professionally prepared documentation, and practical solutions tailored to each project.

Speak to LENIO Party Wall Surveyors

If you are planning building works, need to serve a Party Wall Notice, or have received a notice from a neighbour, our experienced team is here to help.

Led by Sadadcharam Easwaran, Chartered Civil Engineer (MICE), Chartered Building Engineer (MCABE), and Party Wall Surveyor, LENIO provides expert guidance on all aspects of the Party Wall etc. Act 1996. Contact LENIO today for a no-obligation discussion about your Party Wall matter.