Most party wall jobs move briskly once notices are served and surveyors are in post. But sometimes a surveyor goes quiet—emails unanswered, dates drifting, no award in sight. The Party Wall etc. Act 1996 anticipates this and gives clear ways to get things moving again. Here’s how it works in plain English.
First, work out which setup you’ve got
There are only two appointment models under the Act:
- Agreed Surveyor – one surveyor acts for both owners. There is no third surveyor in this model.
- Two Surveyors – each owner appoints their own party wall surveyor. Those two must select a third surveyor at the start, who can decide points if the first two can’t agree (or if one goes missing-in-action).
Your options depend on which model you’re in.
If you have an Agreed Surveyor who’s unresponsive
The Act expects that surveyor to act impartially and diligently. If they don’t, either owner can issue a short, formal nudge:
- Serve a written request to act (keep it polite and specific: e.g., “Please progress the award by [task], within 10 days”).
- If the Agreed Surveyor refuses to act or neglects to act for 10 days after that written request, their appointment ends under the Act.
- The owners must then either appoint a new Agreed Surveyor or revert to the two-surveyor route (each appoints their own). This resets momentum and restores accountability.
Tip: Send that request by a traceable method (email with read receipt and a posted copy) and keep it concise—what you need, why, and by when.
If you have Two Surveyors and one goes silent
The Act builds in two powerful pressure valves:
- 10-day “act or I proceed” letter
One party-appointed surveyor can write to the other requiring them to act on a specific step (e.g., review drawings, inspect, comment on a draft award). If there’s no effective action within 10 days, the diligent surveyor may proceed alone on that step and make an ex parte award limited to the requested subject. This prevents one person holding the project hostage. - Call in the Third Surveyor
If progress stalls (or a point simply won’t resolve), either party-appointed surveyor or either owner can refer the dispute to the third surveyor. The third surveyor can determine the point by award, unlocking the deadlock.- Good practice is to submit a tight, written referral: define the issue, attach the relevant notices/drawings/emails, and ask for a determination.
- If the pre-selected third surveyor is themselves unresponsive, the two party-appointed surveyors can select a replacement third surveyor so the referral can be heard.
Both mechanisms exist to keep projects moving while preserving fairness.
Practical steps that work
- Document politely, quickly. Send a dated, specific request: “Please review the draft award and return comments by [date +10 days].” Attach what they need to act.
- Escalate once, then act. After the 10 days, don’t start over—use the tool the Act gives you: ex parte on the narrow issue, or a third-surveyor referral.
- Stay inside the Act. Avoid “side deals” that cut across the statutory process; they tend to unravel and cost more later.
- Keep owners informed. A short joint update (“We’ve requested action; if none by [date], we’ll proceed under the Act”) reassures everyone the matter is in hand.
Common worries—answered
- “Will pushing the 10-day rule look aggressive?”
No. It’s a statutory safeguard, not a threat. Use neutral language and stick to the facts. - “Can we sack a party-appointed surveyor?”
Once appointed, an owner can’t unilaterally rescind that appointment. The cure for inaction is the 10-day request and, if needed, third-surveyor involvement—or, in an agreed-surveyor case, the appointment ends automatically after the neglect window and you re-appoint. - “Will an ex parte award be valid?”
Yes—if it’s limited to the specific matter the silent surveyor failed to address after a proper 10-day request and the rest of the procedure is sound. Keep it tightly scoped.
When to bring in help
If you’re unsure which lever to pull—or you need someone to draft the 10-day request, assemble a third-surveyor referral, or step in as a fresh Agreed Surveyor—get a calm, RICS-qualified team to steady the file and get it over the line.
Need to unstick a stalled award?
Simple Survey — RICS party wall specialists for England & Wales.
We move files forward fast, keep everything inside the Act, and do it cost-effectively.
- Party Wall Notice service: £25 per adjoining ownership (bundle discounts available)
- Act administration as Agreed Surveyor: typically £300 fixed-fee (scope/complexity dependent)
- Two-surveyor route (we act for the building owner): fixed-fee proposals from £325 for our side (and we work to keep your neighbour’s surveyor’s hourly fees reasonable and contained)
Drop us a line today: team@simplesurvey.co.uk. Let’s get your project moving again—properly.