Disagreements do happen—about timings, methods, access, damage, or fees. The Party Wall etc. Act 1996 gives owners structured ways to deal with them, but it also limits what you can (and can’t) do.
You generally cannot sack your appointed surveyor
Section 10(2) is explicit:
“All appointments and selections made under this section shall be in writing and shall not be rescinded by either party.”
Once appointed under the Act, a surveyor’s statutory role is independent and cannot be unilaterally terminated by the appointing owner.
What you can do if relations break down
- Work the problem first: Set out concerns in writing and ask for a response/timetable.
- Ask the surveyor to deem themselves “incapable of acting”:
The Act doesn’t define “incapable.” It’s discretionary. If the surveyor agrees and confirms it in writing, you can make a fresh appointment. - Use the Act’s built-in safety valves:
- Section 10(7) – neglect to act: Serve a written request. If the surveyor fails to act for 10 days, you may replace them.
- Third Surveyor referral: Where two surveyors disagree, either owner or either surveyor can refer the issue to the Third Surveyor for a binding determination on that point.
Tip: Keep your requests precise (what decision you need and by when). It helps if you later rely on s.10(7) or a Third Surveyor referral.
If the problem is the Party Wall Award itself
You can appeal an Award under s.10(17) in the County Court within 14 days of service of the Award.
- Form & fee: Use the relevant Appellant’s Notice (court forms/fees change—check current guidance).
- Grounds: Focus on errors of law or clear procedural unfairness; simple disagreement with a surveyor’s judgment rarely succeeds.
- Costs risk: Appeals carry a costs exposure; if you win, the court may order the other side to pay some/all of your costs, but this is not guaranteed.
Always seek advice from a solicitor experienced in party wall matters before issuing an appeal.
Quick decision tree
- Disagree with your surveyor?
- Write, request reasons/timetable → still stuck?
- Ask for “incapable of acting” declaration (discretionary).
- Or serve s.10(7) request → replace if no action in 10 days.
- Two-surveyor deadlock?
- Refer to Third Surveyor for a targeted, binding decision.
- Unhappy with the Award?
- Consider a County Court appeal within 14 days of service (costs risk).
Good practice to avoid escalation
- Put everything in writing and keep a timeline.
- Respond promptly to information requests—delay increases costs.
- Ask for clear reasons behind decisions (access, methods, protections).
- Use the Third Surveyor for narrow points, not whole-case rewrites.
FAQs
Can I remove or replace a Party Wall Surveyor if I disagree with them?
No — under Section 10(2) of the Act, once a surveyor is appointed, their appointment cannot simply be rescinded by one party. Instead, you must use the statutory processes (e.g., asking them to declare themselves incapable, or using Section 10(7) if they neglect to act).
What is a “neglect to act” request under Section 10(7)?
If a surveyor fails to respond to a written request within 10 days, you can serve a Section 10(7) notice. This allows you to potentially replace them if they haven’t performed their duties appropriately.
When should I refer a dispute to a Third Surveyor?
When two surveyors disagree on a specific point — such as methodology, timing, or access — either of the owners or the surveyors can refer that issue to a Third Surveyor, whose decision is binding under the Act.
Can I appeal the Party Wall Award entirely?
Yes — you can appeal a final Award under Section 10(17) to the County Court within 14 days of its service. However, the appeal must be grounded in serious issues like “errors of law” or procedural unfairness, rather than mere disagreement.
What’s the best way to avoid a surveyor dispute in the first place?
Write down your concerns clearly, ask for firm reasons and timelines, and encourage the use of a best party wall surveyor from the beginning. If issues persist, a party wall award surveyor can offer a fair, legally enforceable way to resolve them.
Need a calm, low-cost route through a surveyor dispute or Award challenge?
Email team@simplesurvey.co.uk. Simple Survey are the lowest-cost party wall surveyors across England & Wales. We’ll assess your position, suggest proportionate next steps (s.10(7), Third Surveyor referral, or appeal triage), and help you resolve issues quickly and fairly.