When a Party Wall matter arises, emotions can run high: one neighbour wants to get on with their build; the other wants assurance that their home is protected. In the middle stands the Party Wall Surveyor. Their role is not to “win” the case for one side, but to administer the Party Wall etc. Act 1996 fairly, neutrally, and lawfully—every time.
Here’s why impartiality isn’t optional—it’s the whole job.
The surveyor’s duty is to the Act, not the appointing owner
Once appointed under section 10, a Party Wall Surveyor undertakes a statutory function. That means their primary obligation is to the Act and the dispute it creates, not to the person paying their invoice. They must consider the proposals, the properties, the risk profile, and the legal rights set out in the Act—and then frame an award that enables the notifiable works to proceed without causing unnecessary inconvenience to the adjoining owner.
In practice, that means:
- testing whether the works are permitted under the Act (e.g., cutting in, raising, adjacent excavation);
- shaping the time and manner of execution so the works are carried out safely and reasonably; and
- recording clear obligations and remedies so both owners understand what is—and isn’t—allowed.
Impartiality protects both owners
True neutrality expedites projects. A balanced award gives the building owner clarity to build and gives the adjoining owner confidence that their property and quiet enjoyment are taken seriously. When surveyors slide into advocacy—over-limiting works without reason, or rubber-stamping risky methods to keep someone happy—awards get appealed, deadlines slip, and costs spiral.
Impartiality also keeps the process on the rails when the unexpected happens: design tweaks, tricky ground, or a contractor change. The surveyor’s neutral compass lets them adjust what’s necessary within the framework of the Act, rather than defending a position.
“Who pays” must never influence “what’s right”
It’s common for the building owner to fund reasonable surveyor fees on both sides. That cannot shape the outcome. A surveyor who leans toward the fee-payer, or over-compensates toward the neighbour to “prove” independence, is still straying from the Act. The only lawful guide is the wording of the statute, the facts on the ground, and proportionate, construction-literate judgment.
Agreed Surveyor vs. two surveyors—impartiality still rules
Whether there’s one Agreed Surveyor or two party-appointed surveyors (with a third selected), the duty is the same: act fairly, diligently, and within jurisdiction.
- Agreed Surveyor: must be scrupulously neutral; there is no third surveyor to “appeal” to on points of method, so balance and clarity are critical.
- Two surveyors: each protects their appointing owner’s interests within the Act’s framework—never as hired guns. Where they disagree, they elevate only genuine points to the third surveyor for a clean, reasoned decision.
What impartial practice looks like
- Evidence-led: decisions track drawings, methods, loads, structural logic, proximity, and the exact permissions granted by the Act—no more, no less.
- Proportionate conditions: controls that are necessary to reduce foreseeable risk; no performative hurdles; no vague “catch-alls” that hamper ordinary construction.
- Plain-English awards: unambiguous obligations, clear references to plans, and practical procedures for access, protection and variations.
- Diligent progress: keep the statutory timetable moving; if a counterpart won’t act, use the Act’s mechanisms (10-day requests, ex parte scope on narrow points, or third-surveyor referral) rather than letting projects drift.
Red flags that neutrality is slipping
- Awards padded with conditions that don’t relate to the notified works.
- Unexplained delays, missed 10-day responses, or refusal to engage with technical evidence.
- “Client-instruction” language creeping into an award (awards are determinations, not advocacy documents).
- Attempts to decide matters outside the Act (e.g., boundary lines or private access licences) inside a party wall award.
If you see these signs, press for a return to the Act—or change personnel where the statute allows.
Work with surveyors who are independent by design
At Simple Survey, impartiality isn’t a slogan—it’s our operating system. Our RICS-qualified surveyors administer the Act with calm, construction-literate judgment so your project moves forward lawfully and neighbourly.
Transparent, UK-wide pricing:
- Party Wall Notice service: £25 per adjoining ownership (bundle discounts available)
- Act administration as Agreed Surveyor: typically £300 fixed-fee (depends on complexity and number of notices/owners)
- Two-surveyor route (we act for the building owner): fixed-fee proposals from £325 for our side (and we work to keep your neighbour’s surveyor’s hourly fees reasonable and contained)
Need a neutral, diligent surveyor who keeps everyone on the right side of the Act?
Email team@simplesurvey.co.uk and tell us where you are in the process. We’ll help you get an award that’s fair, robust—and fit for purpose.