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Party wall legislation and procedure, 8th edition consultation [Electronic resource]

By: Contributor(s): Language: English Series: RICS ConsultationPublication details: London, Royal Institution of Chartered Surveyors, 8 April 2026Description: 34pSubject(s): Online resources: Summary: This document sets out best practice guidance for RICS members involved in matters where the Party Wall etc. Act 1996 applies. The guidance explains when the Act is relevant to construction works in England and Wales and outlines the necessary procedures where statutory requirements are triggered. Under the Act, the term ‘surveyor’ refers to any independent individual appointed under section 10 to resolve disputes. The document clarifies both the advisory role surveyors play in the early stages of party wall matters and their statutory duties once formally appointed. Surveyors are expected to demonstrate appropriate technical competence and to meet RICS’ requirements for skill, care and diligence. The guidance focuses solely on processes connected to the Act but notes that additional legal or practical considerations may be relevant when building near a boundary. Importantly, it emphasises that a party wall surveyor’s appointment is personal and statutory, independent of client instruction. Finally, the document highlights concerns arising from appeals where awards were deemed invalid because surveyors acted without proper jurisdiction – often in cases where no genuine dispute existed between the parties – underscoring the need for strict compliance with the Act’s requirements. We rely on the technical input of our members and other stakeholders to ensure the accuracy, quality, practicality and relevance of our standards and guidance. This a complex area of practice and recent challenges and appeals have highlighted the need for greater clarity and rigour. Your views will help us test whether the guidance supports competence, consistency and confidence for practitioners, reinforces the personal and statutory nature of the surveyor’s role, and appropriately addresses risks arising where the Act is misapplied. Consultation opened 8 April 2026 closes 5 June 2026. Response to be published 2 November 2026
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This document sets out best practice guidance for RICS members involved in matters where the Party Wall etc. Act 1996 applies. The guidance explains when the Act is relevant to construction works in England and Wales and outlines the necessary procedures where statutory requirements are triggered.

Under the Act, the term ‘surveyor’ refers to any independent individual appointed under section 10 to resolve disputes. The document clarifies both the advisory role surveyors play in the early stages of party wall matters and their statutory duties once formally appointed. Surveyors are expected to demonstrate appropriate technical competence and to meet RICS’ requirements for skill, care and diligence.

The guidance focuses solely on processes connected to the Act but notes that additional legal or practical considerations may be relevant when building near a boundary. Importantly, it emphasises that a party wall surveyor’s appointment is personal and statutory, independent of client instruction.

Finally, the document highlights concerns arising from appeals where awards were deemed invalid because surveyors acted without proper jurisdiction – often in cases where no genuine dispute existed between the parties – underscoring the need for strict compliance with the Act’s requirements.

We rely on the technical input of our members and other stakeholders to ensure the accuracy, quality, practicality and relevance of our standards and guidance.

This a complex area of practice and recent challenges and appeals have highlighted the need for greater clarity and rigour. Your views will help us test whether the guidance supports competence, consistency and confidence for practitioners, reinforces the personal and statutory nature of the surveyor’s role, and appropriately addresses risks arising where the Act is misapplied.

Consultation opened 8 April 2026 closes 5 June 2026. Response to be published 2 November 2026