Short answer: not in the ordinary course. Under the Party Wall etc. Act 1996, each owner has the right to choose their own surveyor.
The only time a Building Owner can appoint on behalf of an Adjoining Owner is in a very specific, time-limited scenario set out in section 10(4)—and even then, it’s not a free hand to “pick a friendly face.”
Below is a clear breakdown of how appointments work, when a 10(4) appointment is lawful, and the practical do’s and don’ts to keep your project compliant and neighbourly.
How surveyor appointments normally work
When a valid Party Wall Notice is dissented (or there’s no reply within 14 days), a “dispute” arises under the Act. At that point, there are two paths:
- Agreed Surveyor route – both owners explicitly concur in appointing one impartial surveyor to act for them both.
- Two-surveyor route – each owner appoints their own surveyor; those two then select a Third Surveyor (held in reserve) to determine any points the first two cannot agree.
Crucially, owners appoint surveyors—surveyors don’t appoint owners. And once appointed, a party wall surveyor must act impartially and independently, regardless of who pays.
The narrow exception: section 10(4) appointment
The Act anticipates a situation where an Adjoining Owner won’t engage. If:
- the Building Owner has served valid notice(s),
- 14 days elapse with no written response, creating a deemed dissent, and
- the Building Owner then serves a further 10-day request to appoint (often called a “10-day letter”),
…and the Adjoining Owner still doesn’t appoint, section 10(4) allows the Building Owner to appoint a surveyor on the Adjoining Owner’s behalf so the process can proceed.
Important guardrails
- You cannot appoint an “Agreed Surveyor” under 10(4). Once you’re appointing on someone else’s behalf, the Agreed Surveyor route is off the table. You must proceed on the two-surveyor basis.
- Pick someone genuinely independent. Appointing a surveyor with clear conflicts (e.g., your designer or contractor) risks challenge and delay.
- Paperwork and timings must be immaculate. Any defect in the original notice, service method, or the 10-day request can invalidate the 10(4) appointment and set you back weeks.
Why “steering” the neighbour’s choice is risky
It’s fine—and often helpful—to suggest efficient options in your cover letter (e.g., “we’re open to an Agreed Surveyor to keep costs down”), but trying to dictate who your neighbour must appoint can backfire:
- Perceived bias undermines confidence and cooperation.
- Challenges to the appointment increase the chance of injunctions or appeals.
- Delays cost far more than any saving from a “friendly” appointment.
Best practice is to keep the door open to an Agreed Surveyor where works are conventional and relations are good, and be fully prepared to run the two-surveyor route cleanly if your neighbour prefers their own adviser—or doesn’t engage at all.
Cost responsibility and expectations
In most cases, because the Building Owner is initiating the notifiable works, they bear the reasonable costs of making the Award—this typically includes the Adjoining Owner’s surveyor’s reasonable fee (and, if used, the Third Surveyor’s determinations on costs).
Global fees on standard domestic jobs tend to cluster around a modest range when run efficiently. Large uplifts usually correlate with complex designs, late changes, or procedural defects that force re-service and re-work—another reason to get appointments right first time.
Practical steps for Building Owners
- Serve valid notices early (correct sections; correct addressees; correct timing; excavation plans/sections for s.6).
- Invite an Agreed Surveyor as an option (not a requirement) to keep things simple.
- If there’s no reply, issue the 10-day request to appoint promptly and correctly.
- On day 11 with no appointment, make a clean 10(4) appointment of an experienced, impartial surveyor—and proceed.
- Keep communications polite, factual, and non-coercive. Document everything.
How Simple Survey can help (fast, compliant, and cost-predictable)
- Party Wall Notice service: £25 per Adjoining Ownership
(multi-notice bundles discounted) - Act administration as Agreed Surveyor (single surveyor): typically £300 fixed-fee
(depends on complexity and number of notices/owners) - Two-surveyor route (we act for the Building Owner): fixed-fee proposals from £325 for our side
(we work to keep your neighbour’s surveyor’s hourly fees reasonable and contained)
We’ll validate your notices, manage all service steps (including the 10-day letter where needed), and complete lawful 10(4) appointments only when strictly permitted—keeping your programme moving and your paperwork appeal-proof.
Bottom line
- No, you can’t simply choose your neighbour’s surveyor.
- Yes, you can appoint on their behalf only after the Act’s 10(4) preconditions are met.
- The safest, quickest route is to run the process by the book, keep it neutral, and use professionals who do this every day.
Need this handled properly—now?
Email team@simplesurvey.co.uk with your drawings, addresses and target start date. We’ll take it from first notice to final Award with minimal fuss, transparent fees, and maximum compliance.
Simple Survey — small fees, strong paperwork, smooth builds.