When two party wall surveyors can’t agree, the Party Wall etc. Act 1996 provides a built-in safety valve: the Third Surveyor. They’re selected “forthwith” by the two surveyors at the start and can be called on later to decide specific disputed matters. That safeguard keeps projects moving—but owners naturally ask: what does a Third Surveyor cost, and who pays? Here’s a clear, practical guide.
Headlines (England & Wales)
- Typical hourly rates: £180–£400 + VAT (very senior specialists can be higher).
- Common fee outcomes for a narrow referral: £750–£2,000 + VAT.
- Wider or multi-issue referrals: £2,000–£5,000 + VAT (sometimes more if extensive submissions, meetings, or multiple decisions are required).
- Ancillary time (the two appointed surveyors preparing submissions, comments and implementing the decision) is additional and often material to the overall bill.
The Third Surveyor’s award will also decide who pays their fee (and related costs). In most cases, costs follow the event—the party whose position was not upheld usually bears most or all of the Third Surveyor’s fee, but apportionment is possible if both sides “win some, lose some”.
What drives Third Surveyor cost?
- Scope of the referral
Single, well-framed questions cost less. Multi-topic disputes (fees + access + wording + methodology) cost more. - Quality of submissions
Clear, concise submissions with relevant drawings and references reduce the Third Surveyor’s time. Scattergun or repetitive material inflates cost. - Number of rounds
Many Third Surveyors allow one exchange of submissions and one round of comments. Extra rounds and meetings add time. - Urgency
Compressed timetables can attract premium time or push the matter into more senior (higher-rate) hands. - Implementation issues
Drafting directions and follow-on clarifications (if needed) add to the meter.
Typical cost bands
| Referral type | Examples | Third Surveyor fee (guide, ex VAT) |
|---|---|---|
| Narrow procedural point | Short, discrete issue (e.g., fee reasonableness on a simple case) | £750–£1,500 |
| Single technical/legal issue | Access conditions; specific clause wording; security mechanism | £1,200–£2,500 |
| Multi-issue, higher stakes | Complex fee dispute + drafting changes + programme/time conditions | £2,000–£4,000+ |
| Complex schemes | Deep excavation/basement with layered submissions and rebuttals | £3,500–£5,000+ |
These figures reflect the Third Surveyor’s own fee only. Each appointed surveyor’s additional time preparing and responding to submissions is separate.
Who pays?
- Principle: The Act empowers the surveyors (or the Third Surveyor) to determine by whom and in what proportion the costs are paid.
- Usual outcome: The party whose position does not prevail pays the Third Surveyor’s fee and often the reasonable additional time of the appointed surveyors related to the referral.
- Split decisions: If neither party’s stance is accepted wholesale, costs may be apportioned.
How to keep Third Surveyor costs down (without weakening your position)
- Narrow the question. Agree a crisp referral question; avoid bundling unrelated issues.
- Submit once, well. A focused, evidenced submission beats lengthy narrative.
- Avoid theatrics. Keep tone professional and stick to statutory relevance and case logic.
- Triage issues. Not every irritation needs a referral; reserve the mechanism for decisions that truly matter (cost, programme, legality, enforceability).
- Propose pragmatic middle-ground. Offering a fair fallback can shorten the decision path—and helps on cost apportionment optics.
Why Third Surveyor involvement is sometimes worth the money
- Clarity and finality. You get a binding award quickly compared with court.
- Momentum. A decisive ruling prevents stalemate and protects the works timetable.
- Cost discipline. Knowing a Third Surveyor may re-apportion costs encourages reasonable conduct from both sides.
FAQs
What exactly does the Third Surveyor do?
Decides disputed matters referred by either owner or either appointed surveyor, then issues an award that is binding (subject to the 14-day appeal window).
Can an owner contact the Third Surveyor directly?
Yes, the Act allows either owner to refer matters. In practice, it’s usually cleaner to channel through appointed surveyors with an agreed question to avoid duplication and cost.
How long does a Third Surveyor decision take?
Many referrals complete in 2–6 weeks depending on complexity, submission rounds and availability.
If I “win”, will I get all my costs back?
Often, but not automatically. The Third Surveyor will consider reasonableness and may apportion costs if both sides contributed to the dispute or the outcome is mixed.
Can I avoid a Third Surveyor altogether?
If both appointed surveyors agree, yes—no referral is needed. Good preparation and proportionate drafting are the best prevention.
Need calm, cost-controlled party wall support—including smart Third Surveyor strategy?
Speak with Simple Survey. We keep referrals rare, focused, and affordable—and we publish the lowest like-for-like fees we’ve seen across England & Wales.
Email: team@simplesurvey.co.uk
Simple Survey — party wall, made clear, quick and cost-controlled.