Under section 10 of the Party Wall etc. Act 1996, when two party wall surveyors are appointed, they must also select a third surveyor at the outset. The third surveyor is there as a safety valve: if the two surveyors can’t agree—or an owner raises a point the two can’t resolve—either surveyor (or either owner) can refer the dispute to the third surveyor for a binding determination (by award).
In real life, that safety valve sometimes sticks. Third surveyors can be fully booked, on annual leave, retired, conflicted, or simply non-responsive. Here’s how to handle it without derailing your project or risking the validity of the process.
Why third surveyors go quiet
- Capacity: Busy practitioners can’t always take new referrals at short notice.
- Availability: Holidays, illness, or retirement after initial selection.
- Conflicts or scope concerns: They may feel conflicted or that the referral is outside the Act’s scope and choose not to engage.
- Process gaps: The referral lacks a clear question, supporting drawings, or chronology—making it hard to accept promptly.
Whatever the reason, silence stalls the statutory machinery. The Act expects disputes to be resolved promptly; it does not oblige the parties to wait indefinitely.
The proper next step: select a new third surveyor
If the third surveyor refuses to act or neglects to act, the two appointed surveyors should jointly select a replacement third surveyor so the referral can proceed. The aim is to restore a functioning tribunal (two party-appointed surveyors plus an available third surveyor) and keep matters moving toward an award.
Good practice checklist:
- Document the attempts
Keep a clear paper trail: the original selection, the date the referral was sent, follow-ups (email and letter), and any acknowledgement (or lack of one). A short chronology helps show that the third surveyor has not acted within a reasonable time. - Tidy the referral
Before re-referring, make the submission turnkey: identify the exact questions for determination, include the relevant notices, responses, current draft clauses, drawings, and any correspondence that frames the dispute. The cleaner the brief, the quicker the determination. - Jointly agree a replacement
The two surveyors should exchange names and agree a new third surveyor in writing. Pick someone experienced, responsive, and conflict-free. Notify both owners of the fresh selection for transparency. - Re-serve the referral promptly
Send the referral to the newly selected third surveyor, copying the other surveyor (and, where appropriate, the owners). Make it explicit that this is a section 10 referral limited to the identified points in dispute. - Mind costs and proportionality
Ask the third surveyor to set a slim, focused procedure—written submissions and a single determination unless a meeting is strictly necessary. This keeps costs proportionate and avoids delay.
What not to do
- Don’t wait indefinitely. The Act expects diligent progress; lingering weakens everyone’s position.
- Don’t issue “work-around” awards that assume answers the third surveyor should determine—this risks jurisdictional challenge.
- Don’t escalate everything. Only refer true points of dispute that fall within the Act (time and manner of the notifiable works, rights exercised under the Act, related costs). Boundary and non-Act issues belong elsewhere.
Will replacing the third surveyor affect validity?
No—provided the two appointed surveyors properly record a new selection and keep the referral within the scope of section 10. The third surveyor’s role is to determine the specific statutory dispute; replacing a non-acting third surveyor preserves, rather than jeopardises, the process.
How Simple Survey keeps referrals moving
- RICS surveyors only: We frame laser-focused referrals that third surveyors can determine quickly and lawfully.
- Pragmatic triage: We try to narrow issues and agree wording first; referral is a last resort, not a tactic.
- Fast replacement protocol: If the selected third surveyor won’t act, we coordinate a swift re-selection and re-submit with a clean brief, minimising delay and cost.
Stuck with a silent third surveyor?
We’ll review your file, tidy the referral, and help the surveyors select a replacement so you can get the determination you need and move on to a valid award.
Simple Survey — RICS Party Wall Surveyors (England & Wales)
📧 team@simplesurvey.co.uk