When a party wall file bogs down, many owners reach for the nuclear option: “I’ll sack my surveyor.” In ordinary consultancy relationships that may be fine. Under the Party Wall etc. Act 1996, however, once a surveyor is formally appointed under Section 10, you can’t simply terminate their appointment. Here’s a practical, no-nonsense guide to what is and isn’t possible—and how to get your matter moving again without derailing your project.
1) Agency vs. Statutory Role: why this distinction matters
- Agency role (pre-dispute work): Drafting or serving notices, giving early advice, liaising with neighbours. This is a normal client–consultant relationship. You can change advisers at will.
- Statutory role (after dissent or deemed dispute): Once the notice is dissented to (or there’s non-response) and the surveyor is appointed in writing under Section 10(1), they become a statutory decision-maker. At that point, Section 10(2) bites: appointments “shall not be rescinded by either party.” In plain English—no firing.
Takeaway: You can swap advisers before the statutory appointment. After that, you must use the Act’s built-in remedies to deal with delay, inaction, bias concerns, or fee disputes.
2) The lawful routes when things go wrong
A) Ask the surveyor to deem themselves “incapable of acting”
If trust has broken down, invite your surveyor (politely, in writing) to confirm they are incapable of acting. If they agree, Section 10(5) allows you to appoint a replacement with the same powers.
Typical triggers: conflict of interest, ill-health, retirement, or a genuine loss of confidence that makes continued work unworkable.
Tip: Keep the tone factual and professional. You’re asking for cooperation, not picking a fight.
B) Use the 10-day “act effectively” request (Sections 10(6) & 10(7))
If the issue is inaction or delay, serve a formal written request on your surveyor to act effectively on specific items (e.g., “issue draft award,” “reply to counterpart’s proposal,” “select a third surveyor”). They have 10 days.
- If they neglect to act effectively within 10 days, the other surveyor may proceed as if Agreed Surveyor for that subject matter (s.10(7)), or proceed ex parte under s.10(6) where appropriate.
- If your surveyor responds substantively (even if you disagree), the default is cured and the process continues.
Why this works: It converts vague frustration into a statutory trigger with consequences. It also creates a documentary trail if you need to escalate.
C) Escalate disagreements to the Third Surveyor
Where two appointed surveyors can’t agree—on method clauses, access terms, or fees—either can refer the matter to the Third Surveyor selected at the start (s.10(1)(b), s.10(11)). The Third Surveyor determines the dispute in an award, including who pays the costs.
This route is especially useful for fee reasonableness under Section 10(13).
D) Appeal an award (carefully)
If an award is made that you believe is wrong in law or outside the surveyors’ powers, you have 14 days from service to appeal in the County Court (s.10(17)). Appeals are about law and jurisdiction, not just “I don’t like this clause.” Take legal advice first.
3) When you can change your surveyor without drama
- Before a statutory appointment is made (e.g., your consultant has only been helping with notices).
- Where your surveyor voluntarily confirms they are incapable of acting (s.10(5)).
- If your surveyor has refused, neglected, or ceased to act per Section 10(3) (e.g., after a 10-day request, retirement, or passing), you may appoint a new surveyor and the procedure continues de novo where required.
4) How to press reset—step-by-step template
- Diagnose the problem. Is it inaction, conflict, cost, or a technical disagreement?
- Write once—clearly. Send a calm, dated letter/email:
- List the specific tasks outstanding.
- Cite Section 10(7) and request action within 10 days.
- State you reserve the right to pursue a Third Surveyor referral on unresolved points.
- Follow through.
- If you get a proper response, keep the file moving.
- If not, support the counterpart surveyor’s s.10(6)/(7) progression, or initiate a Third Surveyor referral on the discrete dispute.
- Consider a replacement only via incapacity (s.10(5)) or the Section 10(3) routes—never by unilateral “termination.”
- Keep it professional. Avoid inflammatory allegations; your correspondence may end up in a referral bundle or, in extremis, before a judge.
5) Fee shocks and how to handle them
Learning that the other side’s surveyor is on an hourly rate—and that you (as building owner) generally pay—can be unnerving. You’re not powerless:
- Ask for a breakdown.
- Assess reasonableness by task and complexity, not just the hourly rate.
- Propose a cap or staged approvals for additional time.
- If you still disagree, refer to the Third Surveyor under s.10(13) to determine a fair fee.
- Remember: experienced surveyors on higher rates often finish faster; the total can be comparable.
6) The calm path to a faster award
What gets results isn’t shouting, it’s process discipline:
- Clear instructions and complete drawings.
- Targeted 10-day requests when needed.
- Early, narrow referrals for genuine sticking points.
- Professional tone throughout.
Do that and you usually won’t need to “fire” anyone—the job will simply get done.
Need this untangled—fast?
If you’re stuck with a slow or unresponsive party wall file, Simple Survey can help you course-correct today. We’ll review your documents, draft the right Section 10 correspondence, and map the quickest compliant route to an award—without blowing up neighbour relations or your budget.
Email: team@simplesurvey.co.uk