When a neighbour dissents to a Party Wall Notice under the Party Wall etc. Act 1996, you have two compliant ways to resolve the dispute and authorise the works:
- Appoint a single Agreed Surveyor (one impartial surveyor acting for both owners), or
- Each owner appoints their own surveyor (two surveyors who then select a third surveyor as a safety-net).
Both routes are lawful. The “right” choice depends on your risk profile, project complexity, and the relationship between neighbours. Here’s a clear, no-nonsense comparison to help you decide.
What an Agreed Surveyor Does
- Acts impartially for both sides. They are not “your” surveyor or “their” surveyor; they apply the Act neutrally.
- Resolves the dispute and issues the Award. One point of contact, one decision-maker, one fee.
- When it suits best:
- Straightforward works with clear drawings and methodology
- Cooperative neighbours who want a quick, economical outcome
- Projects where everyone values speed and simplicity over positional bargaining
Pros
- Faster (fewer moving parts, fewer letters ping-ponging).
- Cheaper (one surveyor’s fee rather than two).
- Clear accountability (one person owns the process and timetable).
Cons
- No built-in “opposition.” Some neighbours prefer their own advocate, even though surveyors must be impartial.
- Complex/contested designs may benefit from the scrutiny of two specialists.
What the Two-Surveyor Route Looks Like
- Each owner appoints a surveyor. Those two surveyors must “forthwith” select a third surveyor who only steps in if there’s a deadlock.
- Your surveyor and your neighbour’s surveyor work towards agreement and then issue a joint Award (or refer narrow points to the third surveyor).
- When it suits best:
- Larger or more technical schemes (e.g., deeper excavations, unusual interfaces)
- Where trust is thin on the ground, or communications are strained
- When one side wants a second pair of eyes on design details or legal points
Pros
- Extra scrutiny on technical and legal nuances.
- Safety-net of the third surveyor to break deadlocks.
- Comfort factor for cautious neighbours.
Cons
- Slower (two professionals must find accord; diaries and documents take longer).
- More expensive (two fee streams; a third surveyor can add cost if used).
- Higher admin load (more correspondence, more iterations).
Impartiality: The Non-Negotiable Core
Whether you choose one or two surveyors, impartiality is mandatory. Appointed surveyors do not take instructions from the owners on their determinations. Their job is to apply the Act fairly and to minimise unnecessary inconvenience while enabling the works to proceed lawfully.
Cost Comparison (Typical Domestic Projects)
Transparent, fixed pricing with Simple Survey
- Party Wall Notice service: £25 per adjoining ownership (bundle discounts).
- Agreed Surveyor (single surveyor): typically £300 fixed-fee, subject to complexity and number of owners/notices.
- Two-surveyor route (we act for the building side): fixed-fee proposals from £325 for our side. (The other surveyor often bills hourly; we work to keep those costs proportionate and contained.)
- Complex works (deep excavations, multi-owner blocks): we still offer fixed pricing as above.
- No surprises, no creeping extras — you’ll know the number before we start.
Who pays? Under the Act, the party benefiting from the works usually pays the reasonable costs of administering the procedures (including the neighbour’s surveyor where appointed).
Speed & Programme Considerations
- Agreed Surveyor: Typically the quickest route because there’s one decision-maker and fewer iterations.
- Two Surveyors: Add time for cross-review, comments, and any third surveyor queries. Build this into your programme if you expect a dissent with separate representation.
How to Choose—A Simple Decision Framework
- Are relations cordial and the design clear? → Agreed Surveyor is usually best.
- Is the design complex, or is there low trust? → Two surveyors may offer more comfort (and reduce the chance of late-stage friction).
- Is budget tight, and time critical? → Agreed Surveyor typically wins on both counts.
- Do you anticipate technical disagreement? → Two surveyors with third-surveyor back-stop.
Can You Switch Routes Later?
- If you start with an Agreed Surveyor and confidence drops, that surveyor would need to deem themselves incapable of acting before a new appointment can be made.
- In the two-surveyor route, if one surveyor refuses/neglects to act, the other may proceed or refer to the third surveyor under Section 10 mechanisms.
- In all cases, appointments are in writing and cannot be unilaterally rescinded by an owner.
Appeals & Enforcement (Whatever Route You Pick)
- Once the Award is served, either owner has 14 days to appeal to the County Court.
- Outside appeal, the Award is binding; non-compliance can be enforced through the courts.
- Keep to the Award’s conditions and statutory timeframes to avoid delays and extra cost.
FAQs
Is the Agreed Surveyor “on my side”?
No. They act for both owners impartially. That neutrality is what keeps the process quick and cost-effective.
Will I lose protection with an Agreed Surveyor?
No. Both routes apply the same Act and the same legal tests. The difference is structure, not protection.
Can my neighbour force me to accept their surveyor as the Agreed Surveyor?
No. Both owners must concur in the appointment of an Agreed Surveyor. If there’s no agreement, you use the two-surveyor route.
What if the other surveyor’s fees are excessive?
Fees must be reasonable. Disputes over fees can be referred to the third surveyor for determination.
Does using two surveyors guarantee a “better” Award?
Not necessarily. It can add scrutiny, but quality depends on the surveyors’ experience, clarity of information, and cooperation.
Bottom Line
- Choose Agreed Surveyor for speed, simplicity, and lower cost—ideal where designs are straightforward and neighbour relations are workable.
- Choose Two Surveyors for comfort on complex schemes or where relations are fragile—accepting a longer timeline and higher cost.
Ready to pick the best route and keep your project moving?
Simple Survey specialises in fast, watertight Party Wall paperwork with fixed fees that beat like-for-like quotes across England & Wales.
- Notices from £25 per ownership
- Agreed Surveyor from £300 fixed-fee
- Two-surveyor route (our side) from £325
Email team@simplesurvey.co.uk and tell us which route you’re leaning towards—we’ll confirm the exact steps, timings, and a fixed price to get you from notice to Award swiftly and economically.