Fed up with a surveyor who’s slow, unclear or seemingly biased?
We hear this a lot. Here’s the hard truth first: under the Party Wall etc. Act 1996, once a surveyor is properly appointed you cannot dismiss them just because you’re unhappy. Their duty is to the Act, not to you personally, and their appointment is statutory, not a private consultancy you can cancel.
Below is a clear, practical guide to what can and can’t happen—and how to regain momentum when things stall.
Why you can’t sack your surveyor
- It’s a statutory appointment
Once appointed under the Act, a surveyor must act impartially to resolve the dispute. Their mandate comes from statute, not your contract. That means no “terminating for convenience”. Even if you’ve fallen out, the appointment stands. - When can a surveyor be replaced?
Only in narrow circumstances:
- Declares themselves incapable of acting (e.g., conflict of interest, illness, unavailability).
- Death (self-explanatory).
- Very rarely via a legal challenge over the validity of the appointment itself.
- Choose wisely—appointments endure
If you appoint in haste, you may be “stuck” with someone who’s slow or combative. This is exactly why qualification, experience and temperament matter up front. - Anyone can call themselves a “party wall surveyor”
The Act’s definition doesn’t require formal qualifications. That’s why we recommend RICS-qualified professionals with proven building-pathology experience and proper PI insurance.
If you can’t fire them, how do you get things moving?
A. Use the Act’s built-in levers (two-surveyor route)
If there are two surveyors (one for each owner), there is also a Third Surveyor already selected. When progress stalls or a point can’t be agreed:
- Ask your surveyor to refer the dispute to the Third Surveyor.
- A Third Surveyor’s determination is binding and can reset momentum.
- Be aware the Third Surveyor can apportion costs—so keep your position reasonable and well-evidenced.
B. Formal “act-now” letter to an unresponsive Agreed Surveyor
With an Agreed Surveyor (single surveyor for both owners), there is no Third Surveyor safety net. If they drift:
- Send a polite but formal letter requiring action within a clear timeframe (e.g., 10 days) and itemising outstanding steps (drawings to review, draft Award issue, service of Award).
- Keep it factual; avoid emotive language. You’re building a paper trail that justifies any escalation later (including fee negotiations or—if they declare incapacity—a fresh appointment).
C. Tighten inputs (often the real bottleneck)
- Final drawings: Make sure your surveyor has the latest construction set (not planning sketches).
- Engineer’s notes: Provide calcs/details promptly; if risk is high, expect a checking engineer.
- Access & sequencing: Pre-answer practical questions (scaffold, hours, hand-tool clauses, temporary works).
- Neighbour liaison: Courteous updates reduce noise and “new questions” late in the day.
D. Professional standards route (if they’re RICS)
If your surveyor is RICS-regulated and you believe their conduct falls below professional standards:
- Use their formal complaints procedure first (they must have one).
- If unresolved, you may escalate to RICS.
This won’t “sack” them, but it can prompt engagement and improve behaviour.
E. Manage fees sensibly, not punitively
- Ask for interim itemised invoices and a forward look of remaining tasks/costs.
- Keep your requests focused and necessary—scattergun emails generate cost and delay.
- Remember: unreasonable conduct by either side can influence cost apportionment later.
Signs your surveyor should step aside (and can legitimately do so)
- Declared conflict of interest discovered mid-file.
- Prolonged incapacity/unavailability that prevents progress.
- Demonstrable bias that makes impartial administration impossible (rare, but if acknowledged, they should declare themselves incapable of acting).
If they won’t declare incapacity and you believe the process is materially flawed, speak to a specialist for tailored advice—sometimes the right next step is to push a discrete issue to the Third Surveyor (two-surveyor route) rather than trying to replace the person.
How to avoid this situation in the first place
- Check credentials: RICS status, PI insurance, sample Awards, recent referees.
- Agree a programme: Draft dates for review, referral windows, and Award service.
- Fix the fee (or capped/phase-based) and define what’s included.
- Assess temperament: Look for calm, impartial, responsive communication.
- Right team for risk: Basements/underpinning often need two surveyors + advising engineer.
Quick FAQs
Q: I’m the Building Owner and my surveyor is slow—can I switch?
A: Not unless they declare themselves incapable (or the appointment is invalid). Use programme letters, reduce unknowns, and—if applicable—seek a Third Surveyor referral.
Q: My Agreed Surveyor won’t engage.
A: Issue a formal timetable request in writing. If nothing changes, seek specific legal advice—occasionally the practical route is to encourage an incapacity declaration and re-appoint correctly.
Q: Can I appeal the Award because I dislike my surveyor’s approach?
A: Appeals are about points of law/procedure, not style. You have 14 days from service of the Award to lodge an appeal. Get legal advice quickly.
Simple Survey — fixed, transparent pricing (nationwide)
- 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 & 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)
Why clients pick us
- Fixed fees, no surprises
- Nationwide coverage
- Experienced & qualified (RICS) building surveyors with real construction/pathology expertise
- Calm, impartial administration that keeps projects moving and neighbours protected
Talk to a senior surveyor today
Email your drawings and address to team@simplesurvey.co.uk with the subject “Party Wall – Surveyor Issue & Next Steps”.
We’ll review what’s stalled, outline your immediate options (including Third Surveyor referral where appropriate), and send a fixed-fee plan to get you back on track.
Simple Survey — qualified, impartial, and cost-effective. When replacing your surveyor isn’t possible, replacing inertia is.