When neighbours appoint separate surveyors under the Party Wall etc. Act 1996, those two surveyors must “forthwith” select a Third Surveyor. Most of the time, you’ll never hear from this person. But if the appointed surveyors hit a deadlock—or an owner raises a matter that the two surveyors can’t resolve—the Third Surveyor becomes pivotal. Here’s a clear guide to how that works and what it means for timelines and costs.
How a Third Surveyor is selected
- Automatic step: As soon as each owner appoints their own surveyor, those two surveyors must agree a Third Surveyor selection.
- If they can’t agree: The Act allows the selection to be made by the appointing officer (typically the head of local authority building control) on application.
- Selection vs appointment: Think of selection as “on standby.” The Third Surveyor is only appointed (i.e., actively engaged) if a referral is made.
Why a Third Surveyor exists
The role is simple: provide a neutral, independent determination when:
- the two surveyors can’t agree;
- an owner refers a connected matter that hasn’t already been settled by award; or
- a procedural impasse would otherwise stall the works.
Having a named Third Surveyor in place from the outset keeps the process moving and discourages brinkmanship.
What a Third Surveyor actually does
Once a referral lands, the Third Surveyor will typically:
- Invite submissions from each appointed surveyor (and sometimes limited replies).
- Review the papers—the Act, notices, correspondence, drawings, technical notes, and prior awards.
- Make a determination on the disputed issue(s) and confirm it in a binding award (often called a “Third Surveyor Award”).
- Allocate costs—deciding who pays the Third Surveyor’s fee and any associated costs reasonably incurred in the referral.
The award is enforceable and carries a 14-day right of appeal to the county court.
Common issues referred to a Third Surveyor
- Fees (most frequent): whether a surveyor’s time input/rate is reasonable.
- Wording of an award: scope creep, unnecessary conditions, or omissions.
- Access and logistics: proportionate terms for entry, protection, and sequencing.
- Security for expenses: appropriateness and level.
- Damage responsibility or methodology disputes connected to the notified works.
Referrals should be narrow and precise; sprawling, unfocused disputes drive delay and cost.
Timelines and practicalities
A Third Surveyor referral isn’t usually same-day; it requires orderly submissions. However, a well-framed, limited question with complete papers can be resolved quickly. The more focused the issue and cleaner the documentation, the faster (and cheaper) the outcome.
Who pays?
Under the Act, reasonable costs of resolving matters are typically paid by the party whose position doesn’t prevail—though the Third Surveyor can split or apportion costs if both sides had merit (or if one party’s conduct increased costs). Fees vary with complexity and how well the case is presented.
Typical costs (guide)
We keep costs predictable around Third Surveyor situations by reducing what needs to be referred in the first place.
Our transparent, fixed pricing for core services
- 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/owner count.
- Two-surveyor route (we act for the owner doing the works): fixed-fee proposals from £325 for our side. (The other surveyor often bills hourly; we work to keep those costs reasonable 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.
Third Surveyor fees (market reality)
- Usually hourly and dependent on complexity and submissions quality.
- Typical ranges: £150–£350+ per hour, with focused referrals often resolved in the low thousands; sprawling disputes can cost more.
- The Third Surveyor’s award decides who ultimately bears those fees.
Our approach: prevent referrals where possible; if one is truly necessary, keep it laser-focused to minimise time and cost.
FAQs
Do we always need a Third Surveyor?
You always need a selection, but the Third Surveyor is only appointed if a referral is made. Many files never use them.
Who can trigger a referral?
Either of the two surveyors—or an owner—may refer a connected matter that hasn’t already been settled by award.
Can we choose our own Third Surveyor?
The two appointed surveyors must agree the selection. If they can’t, the appointing officer can select one on application.
Is a Third Surveyor’s decision final?
It’s binding unless appealed in the county court within 14 days of service. Appeals should be considered carefully; courts rarely welcome relitigating surveyor discretion without clear error.
How do we keep Third Surveyor costs down?
Narrow the question. Submit clean, complete papers. Avoid emotion; stick to the statutory test and relevant facts. We specialise in focused, proportionate referrals.
What if the selected Third Surveyor won’t act?
If they refuse, neglect to act, or are unable to act, the Act allows replacement selection so the process isn’t blocked.
Keep your Party Wall matter moving—without runaway costs
Our team designs awards and correspondence to avoid Third Surveyor referrals wherever possible. When a referral is truly necessary, we structure it tightly so you get a swift, proportionate outcome—and we keep you in control of costs with clear, fixed fees for our work.
Email: team@simplesurvey.co.uk
Get practical guidance on your options and a lowest-cost, like-for-like proposal today.