“Party wall surveyor” is one of the most over‑used and misunderstood labels in property.
Under the Party Wall etc. Act 1996, the term has a very specific legal meaning – but it doesn’t require any qualification, membership, or experience. In other words:
Anyone not a party to the matter can, in theory, act as a party wall surveyor.
That’s why it’s so important to understand who the different surveyors are, what they actually do, and how their fees work.
This article breaks down the jargon and roles so you can move forward with confidence.
Four Types of Party Wall Surveyor – Explained
In practice, there are four distinct roles under the Act. The titles can sound similar, but their positions in the process are very different.
1) Building Owner’s Party Wall Surveyor
- Appointed by the building owner – the person carrying out the works.
- Comes into play where the adjoining owner has dissented and appointed their own surveyor.
- Common duties include:
- Confirming which works are notifiable under the Act
- Drafting and serving valid Notices
- Reviewing drawings, calculations and method statements
- Negotiating the Party Wall Award with the adjoining owner’s surveyor
- Advising the appointing owner on Act compliance, timing and risk
Although often described as “my surveyor”, they are legally required to be impartial. Their primary duty is to the Act and the tribunal, not to “fight your corner” at all costs.
2) Adjoining Owner’s Party Wall Surveyor
- Appointed by the adjoining owner – the neighbour affected by the works.
- Only exists once a valid Party Wall Notice has been served and dissented to.
- Typical duties:
- Checking that the Notice is valid, correctly served and properly described
- Reviewing the technical risk of the works to the adjoining property
- Negotiating the content of the Award (protections, access, sequencing, etc.)
- Ensuring the adjoining owner understands their rights and obligations
- Assisting in resolving any damage or variation issues that arise
Again, while this surveyor is “for” the adjoining owner in everyday language, they must still be independent and impartial under the Act.
3) Agreed Surveyor
- A single surveyor jointly agreed by both owners.
- Takes the place of separate building owner’s and adjoining owner’s surveyors.
- Only possible if the adjoining owner agrees to the route, hence the name!
Key points about agreed surveyors:
- They must act evenly and neutrally for both owners.
- They alone will review the works, set protections and draw up the Award.
- Their fees are usually lower overall than the two‑surveyor route.
This route can work very well where:
- The works are relatively straightforward, and
- The relationship between neighbours is reasonably amicable.
4) Third Surveyor
- Selected, not appointed, whenever there is a two‑surveyor appointment.
- Exists in the background unless and until there is a dispute the two surveyors cannot resolve.
Their role is defined by the Act:
- Either owner or either appointed surveyor can refer a matter to the third surveyor.
- The third surveyor then issues an award determining that specific dispute (e.g. fees, wording of a clause, a technical protection).
- Their decision is binding, subject only to the normal right of appeal to the county court.
In reality, third surveyor referrals are rare. Good surveyors work hard to resolve issues between themselves before going down this more formal (and more expensive) route.
Who Pays the Party Wall Surveyors?
In the vast majority of cases, the building owner pays the surveyors’ reasonable fees.
This reflects the basic principle of the Act:
The adjoining owner should not be out of pocket for protecting their property against works which they did not initiate.
The “Reasonable Costs” Test
The Act only allows recovery of “reasonable” costs. That includes:
- The costs of making or obtaining the Award
- Other reasonable costs arising out of the dispute
If a surveyor’s fees are excessive, disproportionate or poorly justified, they can be challenged. If the two surveyors cannot agree what is reasonable, the issue can be referred to the third surveyor to decide.
When Might the Adjoining Owner Pay? (Rare but Possible)
Although unusual, there are scenarios where an adjoining owner may end up bearing some costs.
1) Third Surveyor Referral
When a dispute is referred to the third surveyor:
- The third surveyor will decide how their own fees are apportioned, and
- May also re‑apportion the underlying surveyors’ fees related to that dispute.
If one party (or their surveyor) is found to have taken an unreasonable stance, they may be ordered to pay more – sometimes all – of the costs of the referral.
2) Works on Account of Defect or Disrepair
Where works are carried out not for development, but to remedy a defect or want of repair in a shared wall or structure (often under Section 2(2)(b) and Section 11), the Act allows costs to be shared between the owners.
In those cases:
- Each owner may pay a fair proportion of:
- The work cost, and
- Their own surveyor’s reasonable fees
- Liability often reflects:
- Who has caused or allowed the defect, and
- The extent of use each party makes of the structure.
This is a nuanced area, and a good surveyor will explain the cost ramifications before owners commit to that route.
How Do Surveyors Charge?
In practical terms, fee models tend to look like this:
Building Owner’s Surveyor / Agreed Surveyor
- Often fixed‑fee, especially for typical residential projects (lofts, small extensions, chimney breast removals).
- The fixed fee usually covers:
- Reviewing drawings
- Serving Notices (if instructed)
- Liaising with other parties
- Preparing and serving the Award
This gives the building owner cost certainty from the outset.
Adjoining Owner’s Surveyor
- More often charges on a time‑cost (hourly) basis.
- Their work can be less predictable: they must respond to what’s put before them and may need to probe deeper into risk and protections.
That said, time‑cost billing is not a blank cheque. Fees must still be:
- Reasonable in rate
- Reasonable in time spent
- Properly itemised if challenged
If a building owner (or their surveyor) believes an adjoining owner’s surveyor’s fee is unreasonable and negotiation fails, they can refer it to the third surveyor to adjudicate.
Choosing the Right Party Wall Surveyor
Because the Act allows any person (other than the owners themselves) to act, you’ll find a wide range of quality in the market.
Smart questions to ask before you appoint:
- Qualifications
- Are they RICS‑qualified or members of a recognised professional body?
- Experience
- Do they regularly handle your type of project (lofts, basements, extensions, conversions)?
- Approach
- Do they talk about “fighting” for you, or about resolving disputes fairly and efficiently?
- Fees
- Are they clear on how they charge and what’s included?
- Communication
- Do they explain the Act in plain English, or hide behind jargon?
An expert party wall surveyor will be:
- Calm
- Clear
- Technically competent
- Focused on avoiding unnecessary conflict and cost
Simple Survey – Fixed Nationwide Party Wall Costs
We keep our pricing transparent and predictable:
| 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 |
Fees are indicative for typical residential projects. More complex schemes (e.g. basements, significant structural alterations) may require a tailored fee proposal.
Want a Calm, Straight‑Talking Party Wall Surveyor?
Whether you’re a building owner planning works or an adjoining owner on the receiving end of a Notice, the quality of your surveyor will shape the entire experience.
At Simple Survey we are:
- RICS‑qualified
- Highly experienced in all common party wall scenarios
- Focused on plain‑English advice, not confusing jargon
- Committed to fixed, fair fees for building owners
📧 Email your drawings or Notice to: team@simplesurvey.co.uk
We’ll confirm what the Act requires, outline your options, and agree a clear fixed fee where possible.
FAQ – Jargon Buster: Party Wall Surveyors
Q1: Does my surveyor “act for me” like a solicitor would?
Not in the same way. While everyday language calls them “your” surveyor, under the Act their duty is to be impartial and to apply the legislation fairly. They don’t act as your advocate in a combative sense – they administer the process and help resolve the statutory “dispute”.
Q2: Can I sack my party wall surveyor if I’m unhappy?
No. Once properly appointed in writing under the Act, an appointment cannot be rescinded by either party. A surveyor’s role only ends if they die or declare themselves incapable of acting. This is why careful selection at the start is so important.
Q3: Do I have to accept an agreed surveyor?
No. As an adjoining owner you are entitled to appoint your own surveyor if you prefer. The agreed surveyor route is optional, not compulsory. If you’re unsure, talk through the pros and cons with a reputable, RICS‑qualified surveyor before deciding.
Q4: Can the building owner force me to use their surveyor?
They can suggest their surveyor acts as the agreed surveyor, but they cannot force you. You are always free to appoint your own surveyor, provided you do so within the statutory time limits.
Q5: What can I do if I think a surveyor’s fees are excessive?
First, raise the issue with the other surveyor and ask for an explanation or breakdown. If agreement still can’t be reached, either party (or either appointed surveyor) can refer the fee dispute to the third surveyor, who will decide what is reasonable and issue an award on that point.
Q6: What qualifications should I look for in a party wall surveyor?
Look for someone who is RICS‑qualified and regularly deals with party wall matters and building pathology (how buildings are put together, and how they fail). Experience with your type of project – and a calm, pragmatic attitude – are just as important as letters after their name.
If you’d like us to review your situation or simply want a second opinion before you appoint anyone, email team@simplesurvey.co.uk and we’ll happily walk you through your options.