A Third Surveyor is the independent back-stop built into Section 10 of the Party Wall etc. Act 1996. Their job is to determine points the two appointed surveyors (for the Building Owner and the Adjoining Owner) cannot agree—quickly, fairly, and within the framework of the Act.
How the Third Surveyor is selected
- Chosen “forthwith” by the two appointed surveyors: As soon as each side has appointed their own surveyor, those two must promptly agree a Third Surveyor.
- If they can’t agree: The matter is referred to the appointing officer (typically the local authority’s head of Building Control) to make the selection.
What the Third Surveyor does
- Independent determinations: The Third Surveyor decides disputed matters referred by either owner or either appointed surveyor.
- Binding awards: Their decision is confirmed in a Third Surveyor’s Award, which is legally binding (subject to the usual 14-day appeal window).
- Narrow, issue-specific role: They do not run the whole process; they determine the specific disputes put to them (e.g., access safeguards, method statements, damage quantum, fee reasonableness).
How a referral typically works
- An issue arises that the two appointed surveyors cannot agree.
- Each surveyor submits a written case to the Third Surveyor (often with one round of comments in reply).
- The Third Surveyor issues a reasoned Award, served on the owners (and often the surveyors).
- The Award will also state who pays the costs of the referral.
Fees and costs
- Costs follow the outcome: The Third Surveyor’s fees—and any related costs of the appointed surveyors—are apportioned in the Award (often, but not always, against the party who “loses” the point).
- Payment before service: In practice, Third Surveyors may require fees settled before serving their Award, to avoid post-decision disputes over payment.
Why the Third Surveyor matters
- Keeps projects moving: Provides a swift resolution route without the delay and cost of court proceedings.
- Protects impartiality: Encourages fair outcomes; either appointed surveyor knows a balanced decision can be made without their counterpart’s agreement.
- Gives clarity: Delivers binding, issue-specific rulings so works can proceed in a controlled, compliant way.
Need confident, low-cost help navigating a Third Surveyor referral—or avoiding one altogether?
Email team@simplesurvey.co.uk. Simple Survey are the lowest-cost party wall surveyors across England & Wales. We draft robust Awards, de-risk disputes, and, when needed, manage Third Surveyor referrals efficiently so your programme stays on track.