Law, Regulation and Statutory Frameworks
Statutory duties, notices and limitation
Surveyors work within a web of statute, regulation and common law. In contract and tort the standard is reasonable skill and care; negligence requires a duty, breach, causation and loss. Limitation is usually six years for simple contract and tort, and fifteen years for deeds; the Defective Premises Act 1972 gives a statutory route for dwellings, with time limits amended by the Building Safety Act 2022. The Party Wall etc. Act 1996 governs line-of-junction, party structure and excavation notices: one month for line of junction and excavation, two months for party structure works. If the adjoining owner does not respond within 14 days, dissent is deemed and a surveyor may be appointed.
Planning controls development; the Building Regulations 2010 control construction, energy, fire, ventilation, drainage and accessibility. Listed building consent and conservation area rules add further constraints. The Housing Act 2004 introduced the Housing Health and Safety Rating System (29 hazards; Category 1 and 2). Asbestos is controlled by CAR 2012; gas and electrical safety have separate regimes; consumer protection includes the Consumer Protection from Unfair Trading Regulations 2008 and the Consumer Rights Act 2015. The Building Safety Act 2022 changes duties for higher-risk buildings.
Traps: treating a party wall notice as optional; missing the 14-day response rule; confusing planning and building control; giving legal advice beyond competence; assuming a statutory time limit always starts at practical completion.
Rule of thumb: identify the legal instrument, the trigger, the notice period and the consequence of default. If the point is legal rather than surveying, recommend a solicitor.