The Party Wall etc. Act 1996 regulates construction work in the vicinity of property boundaries. Where this work leads to a dispute between neighbouring owners the Act makes provision for the appointment of surveyors to resolve it.

As a result of shortcomings in the legislation, practitioners face uncertainty regarding the precise nature of the appointed surveyor's role. This paper identifies areas of particular uncertainty and seeks to define the role of the appointed surveyor in the light of these. A purposive methodology is adopted, whereby the words of the statute are given clarity through an understanding of their context and legislative purpose.

The paper defines the surveyors' role in terms of their membership of a practical tribunal which derives its authority from the statute. The duties of individual party-appointed surveyors are described in terms of those of a professional negotiating advocate.

The nature of the surveyors' task is examined and the paper defines the limits of their jurisdiction and statutory powers. The particular role of surveyors where the works cause loss or damage to neighbouring owners is explored, and conclusions are drawn concerning their power to award compensation. Conclusions are also drawn concerning the extent to which appointed surveyors must act impartially in their dealings between the two parties to the dispute.