Third Surveyor Selection – Local Authority Officer:
If an officer of a council selects a Third Surveyor and they have no jurisdiction so to do that selection is invalid and if the two surveyors proceed they have no jurisdiction.
Section 10 (1) (b) of the act requires the two appointed surveyors to forthwith select a third surveyor once they are validly appointed. Section 10 (8) allows the relevant appointing officer to appoint the third surveyor if one of the surveyors refuses to select a third surveyor or neglects so to do following a request.
Section 101 of the Local Government Act 1972 allows for the discharge of functions by Local Authorities. Obviously the arrangements for delegation must be clear, lawful and valid. Therefore the first duty of a surveyor who is considering approaching a local council officer is to ensure the person they approach has the necessary jurisdiction. They should check the Council’s scheme of delegation and that what is being relied upon is currently in force. If they don’t they are failing to meet the degree of prudence and caution required of an individual who is under a duty of care (the obvious comparable benchmark is a surveyor registered within the Faculty of Architecture and Surveying of the CIOB or other Chartered Institutes)
Party Wall Surveyor serving Thanet and London
Third Surveyor serving England and Wales