Under Section 10 of the Party Wall etc. Act 1996, two appointed surveyors must “forthwith” select a Third Surveyor. Most files never need them. But when negotiations stall—or a narrow point of law or procedure needs a definitive answer—the Third Surveyor is the mechanism that keeps a project moving without resorting to court.
This guide explains when a referral is justified, how to frame it so it’s efficient and proportionate, and what costs and outcomes to expect.
What the Third Surveyor actually does
- Jurisdiction: Determines matters in dispute connected with work under the Act, on referral from either owner or either appointed surveyor (s.10(11)).
- Form: Confirms the decision in an award that is binding unless appealed within 14 days.
- Leverage: Provides a fast, specialist determination that often avoids costlier court routes.
Good reasons to make a referral (and common triggers)
Call in the Third Surveyor when both apply:
- the issue is genuinely within the Act’s scope, and
- bilateral negotiation has reached an impasse.
Typical referral topics:
- Fees & “reasonable costs”: Quantum of the Adjoining Owner’s surveyor’s fee; whether time claimed was reasonably incurred; appropriate hourly rate bands.
- Drafting scope & proportionality: Terms that go beyond the Act; over-broad conditions unrelated to risk; unnecessary duplication between notices or awards.
- Security for Expenses (s.12): Whether security is justified; how much; how it’s to be held or released.
- Access terms (s.8): The time and manner of executing work; method statements vs. practical work-enabling conditions; safeguarding measures that are proportionate.
- Procedural stalemates: Neglect or refusal to act; reluctance to select a Third Surveyor; disagreement on jurisdiction or validity points that block progress.
- Damage liability pathways: Where the dispute is about principle (e.g., whether an item is within the Act’s risk envelope) rather than post-event quantum.
- Validity & service issues: Whether a notice is compliant; whether electronic service is acceptable on the facts; whether an appointment is effective.
Key principle: Only refer determinative questions. The narrower the question, the quicker and cheaper the answer.
When not to refer
- Matters outside the Act: Planning, design preference, or private licence terms are not party wall matters.
- Premature escalation: If an information request is outstanding or a simple drafting tweak would resolve the point, keep talking.
- Tactical brinkmanship: Referrals used as pressure tend to backfire—costs can be awarded against the instigator.
Pre-referral checklist (keep it efficient)
- Confirm scope: Is the dispute truly under Section 10?
- Document positions: Exchange clear, concise written positions (and any narrowed alternatives).
- Try a last pass: One final, time-bounded attempt to agree.
- Define the question: Phrase it in a single sentence if possible.
- Bundle succinctly: Provide only directly relevant material.
- Propose draft wording: Offer a short clause the Third Surveyor can adopt or amend.
- Warn on costs: Make sure owners understand cost exposure before proceeding.
How to frame the referral
- Keep it tight: “Is X within the meaning of s.10(12) ‘time and manner of executing any work’?” is better than a five-page narrative.
- Offer options: “If not A, is B acceptable?” helps the Third Surveyor land a practical solution.
- Invite a paper determination: Where appropriate, agree a paper-only route to minimise time and cost.
Outcomes you can expect
- A binding award on the points referred.
- Cost allocation decided within that award—often mirroring who “won” the issues.
- Momentum restored to the main award or addendum drafting.
Remember: there is a 14-day appeal window from service. Appeals go to the County Court and should be considered carefully.
Costings & how we keep them down
Transparent, fixed pricing
- Party Wall Notice service: £25 per adjoining ownership (multi-notice bundles discounted).
- Act administration as Agreed Surveyor (single surveyor): typically £300 fixed-fee, depending on complexity and number of notices/owners.
- Two-surveyor route (we act for the Building Owner): fixed-fee proposals from £325 for our side. (The Adjoining Owner’s surveyor often bills hourly; we work to keep those costs reasonable and contained.)
- Complex works (deep excavations, multi-owner blocks): we’ll still offer the fixed pricing as above!
- No surprises, no creeping extras. You’ll know the number before we start.
Third Surveyor referrals:
Fees for the Third Surveyor are typically requested upfront and later apportioned in the award. Our role is to narrow the questions, keep submissions concise, and avoid runaway costs—often the difference between a tidy determination and an expensive detour.
Who pays? Under the Act, the Building Owner generally meets the reasonable costs of administering procedures; however, Third Surveyor costs (and any related time) are apportioned in the determination and can fall on either side depending on outcome.
FAQs
Who selects the Third Surveyor?
The two appointed surveyors must select one forthwith. If they fail to agree, the appointing officer (usually the head of local Building Control) can select instead.
Can an owner contact the Third Surveyor directly?
Yes—Section 10(11) allows either owner to refer matters. In practice, referrals are usually coordinated by the appointed surveyors so the question is tightly framed.
Will involving the Third Surveyor delay the project?
It depends on the scope and cooperation of the parties. Tight, well-framed paper referrals resolve faster than sprawling disputes. Our approach is to narrow the issues and keep momentum.
What if the Third Surveyor refuses or neglects to act?
Section 10 provides a mechanism to select another Third Surveyor if necessary. Your appointed surveyors manage that process.
Can costs be recovered if we “win”?
The Third Surveyor will decide costs in the award. If your position is substantially upheld, costs will often (not always) follow the event.
Is a Third Surveyor referral the same as going to court?
No. It’s an expert determination within the Act’s framework—faster and usually cheaper than litigation, with a limited right of appeal.
The bottom line
The Third Surveyor is there to unblock real party wall disputes—not to be feared, but used sparingly and surgically. Frame tight questions, submit lean evidence, and you’ll get clear, enforceable answers that keep your programme on track.
Need help deciding whether to refer—and how to do it efficiently?
Contact team@simplesurvey.co.uk for straight, fixed-fee guidance and a practical plan to resolve your party wall impasse fast and cost-effectively.