Job Book 9th Edition - Book - Page 62
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Stage 0 > Strategic Definition: Supplementary Material: 0/SM3
Architects should remember that even where a minor or domestic job is not
notifiable to the HSE and there is no CDM coordinator, the requirements on the
designer under the CDM Regulations will still apply.
efer to the HSE publication Managing Health and Safety in Construction:
R
Construction (Design and Management) Regulations 2007. Approved Code of Practice,
which is available to download free from the HSE website:
www.hse.gov.uk.
Appointment of architect as party wall surveyor
nder the RIBA Forms of Appointment the architect may undertake various
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duties in respect of party wall matters. These are described in The Party Wall etc.
Act 1996: Explanatory Booklet (available from:
www.planningportal.gov.uk). The need for a party wall surveyor will only arise
in the event of a dispute with an adjoining owner. If the architect is to act as the
party wall surveyor, this should always be via a separate appointment.
I tem 8 of the RIBA Standard Agreement 2010 (2012 revision) services schedule provides for
services in connection with party wall matters but this differs from the role of the party
wall surveyor. While the owner is excluded from acting as a party wall surveyor, any other
person including the architect may act in this role, as far as such a professional takes on
the cloak of impartiality on appointment.
T he party wall surveyor is a statutory appointment and the duties are as described or
implied by the Act. In particular, the surveyor must uphold the rights and obligations of
both parties, rather than serve the interests of the client alone.
T he RIBA Standard Forms of Appointment are not suitable without significant modification.
In addition to the quasi-arbitral nature of the role, some of the Act’s specific requirements
would conflict with the standard terms of appointment. For example, under the Act the
appointment cannot be rescinded by the building owner, whereas the RIBA forms provide
for termination. It is therefore preferable for the appointment to be by a specially drafted
letter or document.
