Can Your Neighbour Insist You Use Their Party Wall Surveyor?

Short answer: no. Under the Party Wall etc. Act 1996, each owner has the right to choose their own surveyor, or both owners can jointly agree to use a single Agreed Surveyor. Your neighbour cannot force you to appoint their preferred person, and you don’t need to give a reason for declining.

Below, we explain your options, where pressure often creeps in, and how to keep costs and timelines under control—without giving up your right to choose.


Your legal options

  • Use an Agreed Surveyor (one surveyor for both owners).
    Fast and usually cheaper, but only if both owners are comfortable with the same surveyor. It’s entirely voluntary.
  • Appoint separate surveyors (one each).
    Common on more sensitive projects. Your surveyor acts impartially under the Act—not as your “hired gun”—but they are independently appointed by you.
  • Non-response route (Section 10(4)).
    If an owner doesn’t respond after the required notices, the other party may appoint a surveyor on their behalf so the process can continue. That cannot be the same surveyor already appointed by the other owner.

Key point: No one can give you a “take it or leave it” ultimatum about who acts as your surveyor. Pressure to accept a specific name is unnecessary—and unenforceable.


When a neighbour pushes their surveyor—what’s really going on?

Most of the time, your neighbour is trying to be efficient or keep costs down. Sometimes, a surveyor has mailed them offering to act and they’re passing the details along. Both are fine—but you still choose.

Say “yes” to an Agreed Surveyor if:

  • You genuinely trust the proposed surveyor’s independence and competence.
  • The works are straightforward and information is clear.
  • You value speed and fewer moving parts.

Say “no” (and appoint your own) if:

  • You feel uncomfortable or rushed—no reason required.
  • There’s any hint of conflict of interest (e.g., a designer or contractor closely tied to the project).
  • The scheme is complex, or you prefer a distinct, independent voice in the process.

Impartiality and cost—how they actually work

All appointed surveyors—whether “yours”, “theirs”, or “agreed”—have a statutory duty to act impartially. Their job is to apply the Act fairly and make a reasoned award, not to fight a case.

As for fees, the Act says costs must be reasonable and, in most residential projects, are usually paid by the owner doing the works. If separate surveyors are appointed, two sets of reasonable fees will be due; if an Agreed Surveyor is used, there’s generally one. You cannot be made to pick a surveyor just to cheapen the other side’s bill—but it’s sensible to keep the scope tight and the paperwork clear so costs stay proportionate.


Practical tips if you’re being pushed to accept a name

  1. Acknowledge the suggestion, keep the choice.
    “Thanks for the recommendation—happy to review, but I’ll confirm my own appointment.”
  2. Check credentials, not just charm.
    Look for proven Party Wall experience, professional memberships, clear written scope, and transparent fees.
  3. Avoid conflicts.
    It’s rarely wise to appoint someone embedded in the design or build team.
  4. Keep the tone polite, the decision firm.
    You don’t need to justify selecting your own surveyor.

FAQs

Can my neighbour veto my surveyor?
No. They can raise a genuine conflict of interest concern, but they can’t veto an otherwise competent, independent surveyor.

Do I have to explain why I won’t use their surveyor?
No. It’s your statutory right to appoint your own.

What if I don’t respond to the request to appoint?
After the formal 10-day request, the other side can appoint on your behalf under Section 10(4)—but they cannot pick the same surveyor they already appointed.

Is an Agreed Surveyor always cheaper?
Often, yes—one surveyor instead of two. But if you’re uneasy, the peace of mind of separate surveyors can be worth it. Either way, fees must be reasonable.

What if the two surveyors can’t agree?
They must have selected a Third Surveyor at the outset. Either surveyor (or either owner) can refer a specific dispute for a binding decision.

Can the building owner insist I use their surveyor to “keep things simple”?
No. Simplicity is nice, but consent is essential. “Simple” cannot override your rights.


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 above.
  • No surprises, no creeping extras. You’ll know the number before we start.

Bottom line

You cannot be compelled to use your neighbour’s party wall surveyor. Choose an Agreed Surveyor only if you truly want to; otherwise, appoint your own independent specialist and keep the process fair, efficient, and compliant.

Want a calm, cost-controlled route through the Party Wall process?
Simple Survey delivers fixed-fee notices and awards with clear, impartial guidance.
Email team@simplesurvey.co.uk and we’ll get you moving today.