Section 10 of the Party Wall etc. Act 1996 sets out exactly how disputes are handled once a Party Wall Notice has been served and the Adjoining Owner either dissents or doesn’t reply.
The three notice responses (the trigger point)
- Consent – procedures pause; no award needed.
- Dissent + Agreed Surveyor – one impartial surveyor acts for both owners.
- Dissent + Separate Surveyors – each owner appoints their own; those two select a Third Surveyor as a safety net.
Options 2 and 3 create a “dispute” under the Act. From there, Section 10 governs how surveyor(s) must resolve it and produce a Party Wall Award (the binding document that controls what may be done, how/when, safeguards, and damage procedures).
Section 10 — the key subsections, demystified
10(1) – How surveyors are appointed
- Either one Agreed Surveyor or two separate surveyors (who must “forthwith” select a Third Surveyor).
10(2) – You can’t sack your surveyor
- Appointments must be in writing and cannot be rescinded by either owner.
10(3) – If an Agreed Surveyor won’t/can’t act
- Where the Agreed Surveyor refuses, fails to act within 10 days of a written request, deems themselves incapable, or dies, proceedings start de novo (from scratch) with a new appointment.
10(4) – No reply from an owner
- If an owner fails to appoint within 10 days of a written request, the other owner may appoint a surveyor on their behalf.
10(5) – Replacement surveyor
- If your appointed surveyor becomes unable to act (as per 10(3)), you may appoint another with the same powers.
10(6) – Refusal to act effectively
- If a surveyor refuses to act effectively, the other surveyor may proceed as Agreed Surveyor (i.e., determine the matter on their own).
10(7) – Neglect to act after a request
- If a surveyor neglects to act effectively within 10 days of a written request, the other surveyor may proceed on that specific subject matter as if Agreed Surveyor.
10(8) – Can’t agree a Third Surveyor
- If the two surveyors don’t select a Third Surveyor within 10 days of a request, the appointing officer (usually the local authority’s head of building control) or the Secretary of State can select one.
10(9) – Third Surveyor won’t/can’t act
- If the Third Surveyor refuses, neglects, or dies, the two appointed surveyors select another Third Surveyor.
10(10) – Duty to settle the dispute by award
- The surveyor(s) must determine any disputed matter connected with the works by award.
10(11) – Either party can call in the Third Surveyor
- Owners (not just the surveyors) may refer a disputed matter to the Third Surveyor, who then determines it by award.
10(12) – What an award can cover
- The right to execute the works, the time and manner of execution, and any other incidental matter—including costs.
- Note: statutory notice periods must have elapsed before works begin.
10(13) – Costs
- Surveyors’ reasonable costs are recoverable, and the award can decide who pays (usually the Building Owner).
10(14) – Service of the award
- The award must be served on both owners by the appointed surveyor(s).
10(15) – Third Surveyor’s award & fees
- Where the Third Surveyor makes an award, they may require fees to be settled before service; service is then via the appointed surveyors to the owners.
10(16) – Finality
- An award is conclusive unless challenged under 10(17).
10(17) – Appeals
- Either owner may appeal to the County Court within 14 days of service. The court can rescind or amend the award. (Appeals carry a costs risk—get legal advice first.)
Fees (who pays?)
In typical residential cases, the Building Owner pays the reasonable costs of the procedures: their surveyor’s fee and, if appointed, the Adjoining Owner’s surveyor’s fee (and any Third Surveyor costs if a referral is needed).
Practical tips if you disagree with a surveyor or the process
- Write clearly: set out what decision you want and by when (helps if you later rely on 10(7)).
- Use the Third Surveyor for focused disagreements rather than escalating everything.
- Keep timelines: notice dates, 10-day requests, service proofs, and responses.
- Appeal only on solid grounds (law/procedure), and within 14 days.
Want Section 10 handled calmly, correctly, and for less?
Email team@simplesurvey.co.uk. Simple Survey are the lowest-cost party wall surveyors across England & Wales. We’ll steer the dispute procedure, draft/serve robust awards, and resolve targeted issues via the Third Surveyor where needed—keeping your project fair, compliant, and on programme.