Over the years, we’ve handled almost every flavour of party wall matter—from clean, straightforward extensions to high-risk basements, from thorny access negotiations to fee challenges and late-stage variations.
The constant across successful outcomes is a correct, clear, and lawful appointment of the party wall surveyor(s) administering the Act.
Below is a practical, plain-English guide to the legal mechanics of appointing surveyors, what happens if someone refuses to appoint, and why choosing carefully at the outset matters so much.
1) Appointments must be in writing—and you can’t rescind them
Section 10(2) of the Party Wall etc. Act 1996 states:
“All appointments and selections made under this section shall be in writing and shall not be rescinded by either party.”
What this means in practice
- A phone call or handshake is not enough.
- The appointment must be evidenced in writing.
- Once made, neither owner can cancel or “swap out” their surveyor just because the relationship has cooled or advice is unpopular.
Simple Survey approach
- We issue a digital appointment for speed and auditability. You complete, sign, and return electronically—your valid Section 10 appointment is done within minutes.
2) If an owner won’t appoint, the Act appoints for them
Section 10(4) provides a safety valve where an owner refuses or neglects to appoint:
If either party to the dispute
(a) refuses to appoint a surveyor under subsection (1)(b), or
(b) neglects to appoint a surveyor… for a period of ten days beginning with the day on which the other party serves a request on him, the other party may make the appointment on his behalf.
Key takeaways
- Non-response does not stall the works indefinitely.
- After a compliant 10-day request, the other owner may appoint a surveyor on the non-responding owner’s behalf.
- This keeps the statutory process moving and prevents tactical delay.
3) You cannot fire your party wall surveyor
The Act is explicit: once validly appointed, a surveyor’s mandate isn’t at the whim of either owner. Under Sections 10(3)(b), 10(5) and 10(9)(c), a surveyor’s role ends only if the surveyor:
- Dies, or
- Becomes (or deems himself/herself) incapable of acting.
Why this matters
- Your first choice may be your only choice for the life of the matter.
- Pick on competence, clarity, and capacity—not merely proximity or the lowest quote.
4) Appointment models: which applies to you?
Under Section 10(1), once a dispute arises (or is deemed to), owners must proceed by one of the following routes:
A) Agreed Surveyor (single surveyor for both owners)
- Both owners concur in appointing one impartial surveyor.
- Pros: faster, cheaper, one point of contact, consistent drafting.
- Watch-outs: no “built-in” third surveyor; ensure the agreed surveyor is truly capable and neutral.
B) Two Surveyors (one for each owner)
- Each owner appoints their own surveyor.
- Those two surveyors must forthwith select a third surveyor (for escalations/referrals only).
- Pros: two sets of eyes; a clear escalation path; often preferred for higher-risk works (e.g., basements).
- Watch-outs: can take longer; total fees usually higher (though still subject to the Act’s reasonableness test).
5) Practical checklist before you appoint
- Competence: Do they regularly handle your type of work (lofts, chimney removal, extensions, basements, Section 6 excavations, access under Section 8, security for expenses under Section 12, etc.)?
- Professional standing: Are they RICS-qualified and up-to-date on case law and current guidance?
- Capacity & communication: Can they commit to responsiveness and plain-English drafting?
- Fee clarity: Fixed fee where appropriate; transparent triggers for any extras (e.g., redesigns, third-surveyor referrals).
- Digital readiness: E-sign appointment, electronic service, and timely award service (remember: appeals run from service).
6) Why a careful appointment saves time, money, and stress
A well-chosen surveyor:
- Keeps the scope proportionate to the actual risk.
- Pre-empts disputes by drafting clear, workable protections (time & manner; access; temporary weathering; foundation pour windows; hand-tool clauses, etc.).
- Works collaboratively to avoid unnecessary third-surveyor referrals or cost escalations.
- Serves the Award forthwith, preserving appeal windows and enabling works to proceed lawfully.
Simple Survey — Fixed Nationwide Cost Chart (Guide)
| Service | What’s Included | Fixed Fee (incl. VAT) |
|---|---|---|
| Party Wall Notice (per Adjoining Owner) | Compliance check, drafting, service & response tracking | £25 |
| Agreed Surveyor Award | Single impartial surveyor acting for both owners | £300 |
| Building Owner’s Surveyor Award | Acting for Building Owner in a two-surveyor route | £300 |
Our fees are always fixed. We’re nationwide. We’re experienced and RICS-qualified.
Simple Survey — Your Next Step
Appoint with confidence, once.
We’ll set up your digital Section 10 appointment the same day, review your drawings, map the correct notice strategy, and keep the file lean, lawful and calm.
Email: team@simplesurvey.co.uk
Fixed fees. Nationwide coverage. Experienced. RICS-qualified.
FAQ
Q1: Can I appoint verbally and confirm later in writing?
A: No. The Act requires the appointment to be in writing. E-signature is fine; a verbal promise is not.
Q2: I don’t like my surveyor’s advice. Can I replace them?
A: Generally, no. Appointments are not rescindable by either party. The role ends only on death or incapacity of the surveyor.
Q3: My neighbour won’t appoint anyone. What now?
A: After serving the proper 10-day request, you (or your surveyor) may appoint on their behalf under Section 10(4). The process continues.
Q4: Who pays the surveyors?
A: Typically, the Building Owner pays the reasonable costs of the party wall procedures (including the Adjoining Owner’s surveyor in a two-surveyor route). The Award will confirm the allocation.
Q5: Is an Agreed Surveyor always cheaper?
A: Often yes, but suitability depends on complexity and risk. For basements and significant structural schemes, two surveyors may be more appropriate.
Q6: How quickly should an Award be served?
A: Forthwith. In practice, that means immediately once signed—so owners have their full appeal window and works can proceed lawfully.
Simple Survey — Clear appointments. Proper process. Better projects.
team@simplesurvey.co.uk