Many owners are understandably surprised, and sometimes concerned, when their party wall surveyor tells them that a third surveyor has been selected. To those unfamiliar with the party wall process, it can sound as though matters have become more serious or that the dispute has escalated beyond control.
In reality, the selection of a third surveyor is a normal and sensible part of the statutory dispute resolution framework under the Party Wall etc. Act 1996. It is not, in itself, a sign that something has gone wrong. Instead, it is a built-in safeguard designed to ensure that if the two appointed surveyors cannot agree on a particular point, the process does not grind to a halt.
Why Is a Third Surveyor Selected?
A third surveyor comes into play where there are two respective party wall surveyors involved — one acting for the building owner and one acting for the adjoining owner.
The role of the third surveyor is to act as part of the Act’s dispute resolution mechanism. If, for any reason, the two appointed surveyors encounter a snag, hurdle, or disagreement that they cannot resolve between themselves, the matter can be referred to the third surveyor for determination.
This ensures that the party wall process does not stop dead in the water. Instead, there is a clear route to resolution, allowing the issue in dispute to be dealt with efficiently, professionally, and in a time-effective manner.
Selected, Not Appointed
One point that often causes confusion is the terminology. A third surveyor is legally selected, not appointed.
In most cases, the selection of the third surveyor takes place near the beginning of the file, often when the adjoining owner responds to the building owner’s party wall notice and appoints their own surveyor. That surveyor is commonly known as the adjoining owner’s surveyor.
By selecting a third surveyor early in the process, the two surveyors effectively tick the box at the outset and avoid any later difficulty if a disagreement arises. Without that early selection, a future dispute between the surveyors could itself create delay or uncertainty at the very point when clear and sensible progress is needed most.
What Happens When a Matter Is Referred?
If a referral to the third surveyor becomes necessary, the process will usually follow a structured path.
In the first instance, the third surveyor will confirm that they have been properly selected. They will also usually check that both the building owner’s surveyor and the adjoining owner’s surveyor have been correctly appointed under the Act.
Once that groundwork has been dealt with, the third surveyor will normally confirm the process they intend to follow, together with their likely costs for administering the referral and making a determination. Their role is then to consider the issue in dispute and decide it formally by way of a party wall award.
In most cases, both the building owner’s surveyor and the adjoining owner’s surveyor will make their respective referrals or submissions, and each will usually be given an opportunity to comment on the other’s position. Once that material has been received and considered, the third surveyor will make their determination and set it out within a formal award.
That award is then served on the surveyors and the respective owners, and it is legally binding.
Who Pays the Third Surveyor’s Costs?
Third surveyor costs are an important point to understand.
In practice, the third surveyor will usually require their fees to be paid before releasing their award. Often, that means the building owner and adjoining owner each pay a 50% share up front in order to facilitate the release of the award.
However, matters do not always unfold so neatly. If one owner is unresponsive or unwilling to pay their share, the other owner may decide to cover the shortfall so that the matter can continue without delay. Where the referral is ultimately decided in that owner’s favour, they may then recover those costs back, together with any further sums awarded by the third surveyor within the award itself.
This is one of the reasons why it is so important to have experienced and commercially minded party wall surveyors involved from the outset. A pragmatic approach can often avoid unnecessary referrals and the costs that come with them.
Are Third Surveyor Referrals Common?
No — and that is important to stress.
Third surveyor referrals are relatively rare, so owners should not assume that their involvement is a standard or commonly needed step in most cases. The vast majority of party wall matters are resolved between the two appointed surveyors without the need for a formal referral.
At Simple Survey, across the thousands of party wall instructions we have handled over the years, the number of matters that have required a third surveyor referral amounts to less than a handful. That is because we take a pragmatic, resolution-focused approach to party wall matters and actively work to avoid disputes becoming unnecessarily entrenched.
Why Experience Matters
The best way to deal with a third surveyor referral is often to avoid needing one in the first place.
That comes down to experience, communication, and approach. Surveyors who are calm, practical, and focused on resolution are far more likely to find sensible middle ground and keep matters moving. By contrast, poorly managed files, inflexible positions, or unnecessary confrontation can increase the chances of a referral that may have been avoidable.
At Simple Survey, we are proud to keep our appointing owners fully informed throughout the process. Whether it is the identity and details of the selected third surveyor, the possibility of an issue being referred, or the procedure that would follow if a referral is made, we make sure our clients are kept well abreast of matters at every stage.
Low-Cost Party Wall Services Without Compromising Quality
If you are looking for the lowest costs for party wall surveying services in the market, Simple Survey is here to help.
We are proud to offer party wall notice fees from £35 plus VAT and party wall award fees from £300 plus VAT. These fees are at least 65% lower than many other surveyors in the market, and we are exceptionally proud to provide such competitive pricing while still upholding professionalism, expertise, speed, and experience.
Get in Touch
If you need clear, experienced, and cost-effective advice on a party wall matter, get in touch with Simple Survey today.
Email team@simplesurvey.co.uk and we will be more than happy to assist you.