What to Know When Party Wall Surveyors Canāt Agree
Under the Party Wall etc. Act 1996, most matters are resolved by the two appointed surveyors working together. However, in some cases, agreement cannot be reached. When that happens, the Act provides a built-in safeguard: the Third Surveyor.
In 2026, with construction projects becoming more complex and timelines tighter, understanding how third surveyor referrals work is essential for both building owners and adjoining owners.
1. What Is a Third Surveyor?
A Third Surveyor is an independent party wall surveyor selected at the outset by the two appointed surveyors. They are not involved day-to-day but are available if a dispute between surveyors arises.
Key points:
- The Third Surveyor is not automatically involved
- They only act if a referral is made
- Their role is to resolve specific points of disagreement
2. When Is a Third Surveyor Referral Used?
A referral usually occurs when:
- The two surveyors cannot agree on part of the Party Wall Award
- There is a dispute over methodology, access, or working conditions
- One surveyor believes the other is acting unreasonably
- A deadlock arises that would otherwise delay the project
A Third Surveyor referral keeps the process moving without court action.
3. A Referral Is Not a Failure
There is sometimes a misconception that involving a Third Surveyor means something has gone wrong. In reality, it is a normal and lawful mechanism built into the Act.
In 2026, referrals are increasingly used to:
- Avoid escalation
- Maintain impartiality
- Resolve technical disagreements efficiently
Using a Third Surveyor is often faster and cheaper than litigation.
4. What Can the Third Surveyor Decide?
The Third Surveyor can:
- Make determinations on disputed points
- Issue a decision that becomes part of the Party Wall Award
- Resolve fee disputes between surveyors
- Decide procedural matters under the Act
Their decision is legally binding, unless appealed in court.
5. Who Can Refer a Matter?
A referral can be made by:
- Either of the appointed surveyors
- Either owner (via their surveyor)
Owners cannot bypass surveyors and go directly to the Third Surveyor themselves. The referral must follow the statutory process.
6. Third Surveyors Must Remain Strictly Impartial
The Third Surveyor:
- Does not represent either owner
- Does not āsideā with one surveyor
- Acts solely under the authority of the Act
In 2026, impartiality is more important than ever, especially in high-value or time-sensitive developments.
7. Costs of a Third Surveyor Referral
Third Surveyor fees are usually:
- Paid by the party the Third Surveyor decides should pay
- Sometimes shared, depending on circumstances
The Third Surveyor has the power to decide how their fees are allocated, which discourages unnecessary or tactical referrals.
8. Good Surveyors Use Referrals Carefully
Experienced party wall surveyors do not refer matters lightly. A referral should be:
- Clearly defined
- Limited to specific points of disagreement
- Properly documented
Poor or premature referrals can increase costs and delay outcomes.
9. Referrals Help Avoid Court Proceedings
One of the main purposes of the Third Surveyor role is to keep disputes out of court.
In 2026, courts expect:
- The party wall process to be fully exhausted
- Third Surveyor referrals to be used where appropriate
Skipping this step can weaken a legal position if matters escalate.
10. When Owners Should Pay Attention
If you are told a Third Surveyor referral is being made, you should:
- Ask your surveyor to explain the issue clearly
- Understand what is being referred and why
- Be aware of potential cost implications
A referral should never come as a surprise.
Final Thought
The Third Surveyor is one of the most important safeguards within the Party Wall etc. Act 1996. In 2026, when construction pressures and neighbour disputes are more common, this role ensures fairness, progress, and balance.
Used properly, a Third Surveyor referral is not a setbackāitās a solution.
Need Advice on a Third Surveyor Referral?
Simple Survey provides clear, practical guidance on all aspects of the party wall process, including third surveyor matters.
š§ team@simplesurvey.co.uk