This article is intended for those who are either frustrated by the Party Wall process or doing their due diligence before appointing a surveyor. It provides a concise overview of one of the most misunderstood (yet powerful) mechanisms under the Party Wall etc. Act 1996 — referral to the Third Surveyor.
When Things Go Wrong…
Imagine this: you’re navigating the formalities of the Party Wall Act, only to find the process painfully slow and unnecessarily confrontational. Perhaps a party wall surveyor is being swayed by their appointing owner’s unreasonable demands — or worse, they’ve gone silent, delaying progress and creating confusion.
Enter the Third Surveyor, as empowered under Section 10(11) of the Act — a safety net designed to resolve disputes when the two appointed surveyors can’t agree.
The Role of the Third Surveyor
Thankfully, in practice, Third Surveyor referrals are rare. Most experienced and reputable surveyors — like those at Simple Survey — resolve issues swiftly and discreetly. But when needed, the Third Surveyor steps in to break deadlock and ensure the process moves forward fairly.
Referrals typically arise in two key situations:
- Disagreement between appointed surveyors — often regarding the interpretation of the Act or technical aspects of the proposed works.
- Direct referral by an owner — where either the Building Owner or Adjoining Owner raises concerns relating to the process or conduct of a surveyor.
The Referral Process Explained
The process of referring a matter to the Third Surveyor follows a structured and formalised approach:
1. Notification
The initiating party formally notifies the Third Surveyor, requesting their intervention.
2. Submission of Details
The referring party must provide a detailed breakdown of the dispute — outlining the specific issues, the positions of each party, and any supporting evidence or correspondence.
3. Third Surveyor Review
Acting impartially, the Third Surveyor reviews all materials, considers the relevant sections of the Party Wall Act, and applies their professional judgement to the matter.
4. Issuance of Award
Following their assessment, the Third Surveyor issues a binding decision — known as a Third Surveyor’s Award. This document sets out the resolution, actions to be taken, and how costs are to be allocated.
5. Legal Standing
The Third Surveyor’s Award carries legal weight. Both parties are bound by its terms and must comply.
6. Enforcement
If either party fails to comply with the Award, the other party can seek to enforce it through the courts.
Who Pays the Third Surveyor’s Fees?
Unlike standard Party Wall matters — where the Building Owner typically covers reasonable costs — the Third Surveyor has discretion to apportion their fees between the parties, depending on the outcome of the dispute.
This can range from 0% to 100% liability for either party. The Third Surveyor may also request that fees be paid in advance of issuing the Award.
This potential liability for costs often acts as a deterrent to frivolous disputes, encouraging both sides to resolve matters amicably where possible.
Final Thoughts: A Last Resort, Not a First Step
Referral to the Third Surveyor should be viewed as a last resort, but it’s a vital part of the Party Wall framework. It ensures that when parties or surveyors hit an impasse, there is a structured, fair, and legally sound method to resolve disputes.
For homeowners and developers alike, understanding this mechanism offers both protection and peace of mind. The system is there to uphold standards, protect property rights, and ultimately move projects forward — not stall them.
Need Help Navigating a Party Wall Dispute?
If you’re stuck in a party wall stalemate or simply want proactive guidance, the team at Simple Survey is here to help. Our expert surveyors have resolved hundreds of complex matters efficiently and fairly — always with our clients’ best interests at heart.
📞 Call us today or 📧 email us at team@simplesurvey.co.uk for tailored advice.