Can a Party Wall Surveyor Step Down? Understanding Resignation, Rights, and Responsibilities
Party wall matters can be complex, particularly when disputes arise between neighbours during construction works. Appointing a Party Wall Surveyor is a crucial step in ensuring fairness, compliance, and protection for all parties involved. But what happens if a Party Wall Surveyor wishes to resign after being appointed? Is resignation even allowed under the Party Wall etc. Act 1996?
This blog explores whether a Party Wall Surveyor can resign, the legal implications, reasons for resignation, and what building owners and adjoining owners should do if it happens.
Understanding the Role of a Party Wall Surveyor
A Party Wall Surveyor is appointed under the Party Wall etc. Act 1996 to resolve disputes arising from certain building works near or on a shared boundary. Their role is not to represent one party’s interests, but to act independently and impartially.
Once appointed, a surveyor’s main responsibilities include:
- Reviewing proposed construction works
- Assessing potential risks to adjoining properties
- Preparing and serving Party Wall Awards
- Resolving disputes fairly and legally
- Ensuring works comply with the Act
Because of this impartial role, a surveyor’s appointment carries legal weight and responsibility.
Can a Party Wall Surveyor Resign?
In most cases, a Party Wall Surveyor cannot simply resign at will once they have been validly appointed. The Party Wall etc. Act 1996 treats the appointment as binding, especially where a dispute has arisen and surveyors are acting in a quasi-judicial capacity.
Once appointed, the surveyor has a statutory duty to see the matter through to completion, including issuing the Party Wall Award if required.
However, there are limited circumstances under which a surveyor may step down.
When Can a Party Wall Surveyor Resign?
Although resignation is not straightforward, there are certain situations where it may be permitted or unavoidable.
1. Incapacity or Illness
If a surveyor becomes physically or mentally incapable of carrying out their duties, resignation may be justified. In such cases, a replacement surveyor will usually need to be appointed.
2. Conflict of Interest
If a conflict of interest arises after appointment, such as discovering a personal or financial connection to one of the parties, the surveyor may need to withdraw to preserve impartiality.
3. Mutual Agreement
In rare cases, all parties involved may mutually agree to release the surveyor from their appointment and appoint a new one.
4. Death or Retirement
If a surveyor passes away or permanently retires from practice, their role naturally ends and must be replaced.
When a Surveyor Cannot Resign
In general, a Party Wall Surveyor cannot resign simply because:
- The case becomes difficult or contentious
- One party is uncooperative
- The workload is heavier than expected
- There is pressure from one owner
- Fees are disputed
The Act prioritises continuity and fairness. Allowing surveyors to resign freely could delay proceedings and undermine the dispute resolution process.
What Happens If a Surveyor Tries to Resign Improperly?
If a surveyor attempts to resign without valid grounds, their resignation may be considered invalid. This could result in:
- Legal challenges
- Delays in issuing the Party Wall Award
- Increased costs for both owners
- Potential claims for professional negligence
Courts generally uphold the principle that once appointed, surveyors must fulfil their statutory obligations unless exceptional circumstances exist.
Replacing a Resigning Surveyor
If a Party Wall Surveyor legitimately steps down, the Act allows for a replacement to be appointed.
How Replacement Works
- The party who originally appointed the surveyor usually appoints the replacement
- The new surveyor steps into the role and continues from the existing stage
- All prior inspections, schedules, and documents remain valid
This ensures continuity and avoids restarting the process from scratch.
Impact on the Party Wall Award
A surveyor’s resignation does not invalidate the Party Wall process. However, it may cause:
- Delays in issuing the Award
- Additional professional fees
- Temporary uncertainty for building works
If an Award has already been issued, the resignation generally has no impact unless enforcement or further inspections are required.
What Should Building Owners Do If a Surveyor Resigns?
If you are a building owner and your appointed surveyor resigns:
- Request Written Reasons
Always ask for written confirmation explaining the resignation.
2. Confirm Validity
Check whether the resignation is legally valid under the Act.
3. Appoint a Replacement Quickly
Delays can stall construction works and increase costs.
4. Inform the Adjoining Owner
Transparency helps maintain trust and avoids disputes.
5. Seek Legal Advice If Necessary
Especially if resignation appears unjustified or disruptive.
What Should Adjoining Owners Do?
Adjoining owners should:
- Request confirmation of the new appointment
- Ensure the replacement surveyor is suitably qualified
- Verify that impartiality is maintained
- Monitor progress to ensure their property remains protected
Adjoining owners retain all their rights regardless of surveyor changes.
Can an Agreed Surveyor Resign?
An Agreed Surveyor is appointed jointly by both owners. Because they serve both parties, resignation can be even more disruptive.
An agreed surveyor may only step down if:
- Both owners consent
- There is a serious conflict of interest
- They are unable to continue due to incapacity
If an agreed surveyor resigns, both parties must either appoint a new agreed surveyor or each appoint their own.
Preventing Issues with Surveyor Resignation
To reduce the risk of resignation-related problems:
- Appoint experienced and qualified surveyors
- Agree fees clearly at the outset
- Maintain professional communication
- Avoid pressuring surveyors to act in one party’s favour
A well-chosen surveyor is far less likely to withdraw from proceedings.
Final Thoughts
So, can a Party Wall Surveyor resign? The short answer is yes, but only in very limited and justified circumstances. Once appointed, a surveyor holds a statutory responsibility to act impartially and see the dispute resolution process through to completion.
For both building owners and adjoining owners, understanding this aspect of the Party Wall etc. Act 1996 is essential. It ensures smoother projects, fewer disputes, and confidence that legal protections remain firmly in place even if unexpected changes occur.
If you are facing a situation involving a resigning Party Wall Surveyor, professional advice and prompt action are key to keeping your project on track and legally compliant.
For friendly professional advice, contact us or call now and speak with a specialist Party Wall Surveyor.










