Most party wall matters run to time: notices go out, responses come back, surveyors agree an Award and works proceed. But sometimes an appointed surveyor becomes unresponsive—emails unanswered, calls ignored, milestones slipping. Here’s what that means under the Party Wall etc. Act 1996, how to get things back on track, and what it may cost.
First: confirm what “missing” actually is
Before you escalate, take these quick steps:
- Document contact attempts (email, phone, letters).
- Check availability (annual leave, illness, workload).
- Give a clear deadline to respond on specific tasks (e.g., “Please revert on the draft Award by [date]”).
Clear, time-stamped records will matter if you need to trigger the Act’s safeguards.
The Act’s safety valves (what the law lets you do)
1) Two-surveyor route: use the 10-day “request to act” and the Third Surveyor
If each owner appointed their own surveyor and one of them stops acting:
- Serve a written “request to act effectively” on the silent surveyor (or have the other party do so). The Act gives 10 days to respond/act.
- If they still don’t act, the other surveyor may proceed ex parte on the specific matter, or the issue can be referred to the Third Surveyor (who was selected at the start) to decide.
- If a Third Surveyor is unresponsive (retired, on leave, over-committed), the two party-appointed surveyors should select a replacement Third Surveyor so referrals can be determined.
This mechanism prevents a single surveyor’s silence from stalling your project indefinitely.
2) Agreed Surveyor route: neglect or refusal ends the appointment
Where one Agreed Surveyor acts for both owners, the Act is blunt: if they refuse or neglect to act after a written request, their appointment terminates. The owners must then appoint a new Agreed Surveyor, or switch to two party-appointed surveyors who will also select a Third Surveyor.
Practical tip: confirm termination in writing and re-appoint promptly to maintain programme momentum.
3) If a surveyor dies or declares themselves incapable
The appointment ends automatically. The affected owner must appoint a replacement in writing. The process continues with the new appointee.
Programme and cost implications
- Time: Expect a short pause while the 10-day request runs or while replacements are appointed. Good administration (draft Award ready, drawings final) limits impact.
- Cost: Reasonable extra time the active surveyor spends chasing, documenting and, if needed, preparing a referral can be included in costs under the Award. The building owner usually bears Act administration costs, but unreasonable conduct that inflates costs may be considered when apportioning fees.
- Risk: Without action, you risk contractor delays, change costs, or even neighbour relations souring. Use the statutory steps quickly to keep the project on rails.
How to keep things moving (our playbook)
- Put deadlines in writing
We issue a formal “request to act” that cites the relevant provision and sets a clear 10-day timer. This preserves your position and unlocks next steps. - Narrow the scope of disagreement
We isolate the specific sticking point (e.g., method statement detail, working hours wording) so a Third Surveyor can determine only what’s necessary—fast. - Keep the Award lean and lawful
We confine the Award to notifiable works and proportionate protections. Less padding = fewer reasons to stall. - Replace swiftly when required
If an Agreed Surveyor or Third Surveyor won’t act, we document it and move straight to re-appointment—minimising programme drift.
When should you call us?
- Your surveyor hasn’t replied to a written request within a reasonable time.
- A 10-day “request to act effectively” has expired with no progress.
- The Third Surveyor won’t acknowledge a referral.
- You need a replacement appointment drafted and served correctly—today.
We’ll stabilise the procedure, re-establish timelines, and get the Award over the line.
Simple, upfront pricing
- 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 on our side (we work to keep your neighbour’s surveyor’s hourly fees reasonable and contained)
No setup charges. No hidden “admin.” Clear deliverables and timelines.
Bottom line
An unresponsive surveyor doesn’t have to derail your project. The Party Wall etc. Act 1996 provides practical levers—10-day requests, ex parte steps on defined issues, Third Surveyor referrals, and clean re-appointments—to keep matters moving. Use them promptly, document everything, and keep the Award focused on the notifiable works.
We can handle the whole recovery sequence for you—professionally, quickly and cost-effectively.
Email us: team@simplesurvey.co.uk
Get a same-day view on next steps, a fixed-fee proposal, and a path back to progress.