Under the Party Wall etc. Act 1996, when each owner appoints their own surveyor, those two surveyors must “forthwith” select a Third Surveyor. Think of the Third Surveyor as the built-in tie-breaker: a neutral decision-maker who only steps in if there’s a dispute the two appointed surveyors cannot resolve.
But what if you’ve never been told who that person is? Or you ask and get shrugs all round? Here’s a clear, practical guide to why the Third Surveyor matters, how to confirm who it is, and how to keep your project moving.
Why Knowing the Third Surveyor Matters
- It keeps everyone honest. The requirement to select a Third Surveyor from day one discourages brinkmanship and delays.
- It’s your escalation route. If the two surveyors deadlock on anything—method, clauses, costs, access terms—either owner or either surveyor can refer that specific dispute to the Third Surveyor for a binding award.
- It saves time and money. Prompt referrals on narrow points stop a small disagreement becoming a full-blown legal war.
If nobody knows who the Third Surveyor is, disputes can stall, costs spiral, and the timetable gets fuzzy fast.
How the Third Surveyor Is Selected (and What If They Weren’t)
- Normal route: As soon as both surveyors are appointed, they exchange names and agree a Third Surveyor. Each then tells their appointing owner who was selected (name and contact details).
- If they can’t agree: After a formal request and 10 days without agreement, selection can be made by the appointing officer (usually the head of Building Control) under the Act.
- If the selected Third Surveyor won’t act: The two surveyors select another. The process must not just stop.
Key point: Selection should happen early—before there’s any falling-out. If you’re mid-process and nobody can tell you who was chosen, something’s gone wrong procedurally or communicationally (both fixable).
How to Find Out Who the Third Surveyor Is — Step by Step
- Check your paperwork. The selection is often recorded in early correspondence or in a prelim note from the surveyors.
- Write (briefly and clearly) to both surveyors. Ask for the Third Surveyor’s name, firm, and contact details, and the date of selection.
- Cite the Act’s expectation of “forthwith” selection. You’re not being difficult—you’re asking for the statutory baseline to be honoured.
- If you get no confirmation within 5 working days, ask the two surveyors to make the selection now, or confirm they already did and simply failed to notify you.
- If they still can’t agree, request that one of them initiates the appointing-officer route as the Act provides.
Template line you can use:
“Please confirm, within 5 working days, the full name and contact details of the Third Surveyor selected ‘forthwith’ under Section 10, or alternatively confirm you have now agreed a Third Surveyor and provide their details.”
When (and How) to Use the Third Surveyor
You don’t “switch” to the Third Surveyor for everything. You refer discrete disputed matters—for example:
- Wording of a clause (e.g., protection measures, sequencing, working hours).
- Professional fee reasonableness and apportionment.
- Whether a requested term is within the surveyors’ jurisdiction under the Act.
Process: one of the two surveyors (or either owner) sends a focused referral to the Third Surveyor. The other side may submit a response. The Third Surveyor then issues an award on that point, including who pays the Third Surveyor’s fee (often the party whose position didn’t prevail, but it can be split).
Common Reasons Owners Don’t Know the Third Surveyor
- Nobody told you. A communications miss—easy to fix by asking.
- Selection was overlooked. It shouldn’t be, but sometimes surveyors dive into the work first. Remedy: select now.
- Stalemate on selection. If the two surveyors dug in, the appointing-officer route should have been triggered.
- Retirement or refusal. The originally selected Third Surveyor may have stepped back; a replacement must be selected.
None of these is fatal. They’re administrative potholes—just fill them.
Practical Tips to Keep Momentum
- Ask early. As soon as both surveyors are appointed, request written confirmation of the Third Surveyor.
- Be specific. If escalating, identify the one issue you want decided. Narrow referrals get faster decisions.
- Mind the tone. You’re seeking compliance and progress, not scoring points.
- Record dates. If you later need to show avoidable delay, a tidy paper trail helps.
- Budget sensibly. Third Surveyor involvement has a cost—but it’s often cheaper than weeks of drift.
FAQs
Q: Can owners pick the Third Surveyor themselves?
A: No. The two appointed surveyors select the Third Surveyor. Owners can suggest names to their own surveyor, but the selection must be between the surveyors (or via the appointing officer if they cannot agree).
Q: What if the Third Surveyor sides with the other party—am I stuck with the costs?
A: The Third Surveyor will decide who pays the Third Surveyor’s fee and may apportion it. If your position was largely unsuccessful, expect to shoulder more of the cost. That’s why tightly-framed, winnable referrals are best.
Q: Can we skip the Third Surveyor and go straight to court?
A: Where the Act applies and surveyors are appointed, the expectation is that disputes are resolved within the Act first. Court is mainly for appeals on awards (within 14 days) or for issues outside surveyors’ jurisdiction.
Q: Our two surveyors never selected a Third Surveyor and now they disagree—what happens?
A: They must select one now. If they cannot agree within the statutory timeframe after a formal request, the selection can be made by the appointing officer. This should not stall the project indefinitely.
Q: Can the Third Surveyor take over the whole job?
A: The Third Surveyor determines referred disputes. They don’t replace the two surveyors unless a specific statutory route is engaged (for example, where one surveyor neglects to act and the other proceeds on a limited basis as if agreed).
Q: Do I, as the building owner, always pay the Third Surveyor?
A: Not automatically. Costs follow the decision on the referred issue. If you were right, the other side may be ordered to pay, in whole or part.
Still in the dark—or stuck in a stalemate?
If you don’t know who the Third Surveyor is, or you’re facing drift because selection hasn’t happened, we can sort it—fast. Simple Survey will review your file, draft the right correspondence to secure the Third Surveyor’s details or selection, and map the quickest compliant route to an award or targeted referral.
Email: team@simplesurvey.co.uk with subject “Third Surveyor – Help” and we’ll send a same-day action plan and fixed-fee quote. Don’t let a missing name delay your project.