When Your Neighbour Appoints Their Own Surveyor: Why It’s Not a Crisis

For many Building Owners, the most worrying response to a Party Wall Notice isn’t just a dissent—it’s the Adjoining Owner appointing a separate surveyor. Some projects even get cancelled at this point. That’s understandable—but usually unnecessary.

Who’s in control after a dissent?

Once a notice is dissented, the process is governed by the appointed surveyor(s)—whether that’s one Agreed Surveyor or two separate surveyors. Their job is to resolve the dispute and issue a Party Wall Award. The outcome should be broadly similar either way; two surveyors typically mean some additional cost and a bit more coordination, not a fundamentally different decision.

Impartiality: how it’s safeguarded

Adjoining Owners can appoint any competent person (other than themselves)—an architect, a chartered surveyor, even a relative who is a qualified surveyor. Regardless of prior relationship, the Act expects impartiality. The safeguard is the “three surveyor” system:

  • As soon as two surveyors are appointed, they must select a Third Surveyor.
  • If the two cannot agree, any two of the three can determine the matter—so a fair decision can proceed even if one surveyor digs in.
  • It’s normal for surveyors to test arguments aligned with their appointing owner; what matters is that the final Award is fair and reasonable.

Timing: why Awards aren’t rushed

Even if the notice periods have expired, surveyors shouldn’t authorise works until there’s enough information to confirm the works can proceed safely and without unnecessary inconvenience. Delays most often arise from missing or slow technical information (drawings, method statements, temporary works). If an Adjoining Owner’s surveyor unreasonably stalls, the Building Owner’s surveyor can:

  • Proceed ex parte (determine alone where the Act allows), or
  • Refer points to the Third Surveyor for a binding decision.

Costs: what’s “reasonable,” and why fees aren’t fixed up front

The Adjoining Owner’s surveyor does not have to confirm a fee before appointment. Fees must be reasonable under s.10(13), and reasonableness is typically assessed by scope, complexity, and task time, not headline hourly rate alone. Allowing Building Owners to vet the neighbor’s surveyor on price would amount to a veto, which the Act avoids to preserve independence.

Good news: An experienced Building Owner’s surveyor can contain time and cost by:

  • Getting the right information in early (drawings, sequences, methods),
  • Consolidating queries and avoiding “letter tennis,”
  • Proposing proportionate conditions that protect the neighbour without over-engineering.

Bottom line

  • A separate surveyor will add some cost and admin, but it’s not a reason to cancel well-designed works.
  • With a capable surveyor on your side, the timing impact is modest and the Award you end up with should look similar to that from an Agreed Surveyor—just achieved via a two-surveyor route.

Want steady hands on your side?

Email team@simplesurvey.co.uk—the lowest-cost party wall surveyors across England & Wales—for practical, calm management of dissents, tight information packs that keep things moving, and robust Awards that protect both properties while keeping your programme on track.