Party wall third-surveyor referrals can feel daunting for owners and surveyors alike. In most files they’re avoidable with clear communication and pragmatic drafting—yet a small minority genuinely need an independent determination under Section 10. If you do have to refer, make it easy for the third surveyor to decide swiftly and fairly. Here’s how.
1) It’s not personal—keep it tight, neutral and easy to decide
Treat the referral like a mini brief to a tribunal. The clearer your framing, the quicker the decision.
- State the question(s) precisely. “Is X within the surveyors’ jurisdiction?”; “Should Y method clause be included?”; “Is fee Z reasonable?” Avoid sprawling narratives.
- Bundle only what’s relevant. Include the notice(s), key drawings, material correspondence, the draft award clause(s) in dispute, any engineer commentary and the shortest possible chronology. Number your pages.
- Show both positions fairly. Bullet each side’s reasoning with references to the Act (e.g., ss.1, 2, 6, 8, 10) and the drawings/methods. Don’t editorialise; the third surveyor isn’t persuaded by adjectives—only by evidence and statute.
- Propose practical outcomes. If either outcome needs knock-on edits (e.g., working hour tweaks, access windows, method statement wording), draft them. Ready-to-sign wording reduces follow-up.
Remember: a third surveyor isn’t there to “side” with anyone. They’re there to determine a narrow point so the award can be concluded. Professional tone wins.
2) Cost reality check—make sure owners understand the risk
Third-surveyor time is chargeable and costs are discretionary. While the “losing” side often pays most or all of the third surveyor’s fees, they can be apportioned if conduct or presentation was unhelpful on either side.
- Warn both owners early (in writing) before referral: what’s being referred, why it matters, and that fees can escalate quickly.
- Keep the scope small. Refer the minimum question needed to unlock the award—don’t bundle a shopping list.
- Be proportionate. If the dispute is about a minor word change with no risk impact, ask if it’s worth a referral at all.
Cost awareness often nudges parties back to the table—and makes any referral that does proceed feel measured and necessary.
3) Make a final stand before you hit “send”
A surprising number of referrals evaporate after one last, focused attempt at consensus.
- Offer a last-chance compromise draft (tracked changes welcome).
- Time-box it. “If we can’t agree by 12:00 Friday, I’ll refer the single question below.” Clear deadlines concentrate minds.
If agreement remains out of reach, your referral pack is already polished and ready.
Bonus: What a strong referral pack usually contains
- Cover letter: the single question(s) for determination, with a one-paragraph neutral summary.
- Core documents: relevant notices, latest drawings, engineer notes (if relied on), any access and method statements.
- Draft clauses: both parties’ proposed award wording shown side-by-side.
- Short chronology: service dates, response dates, meetings, and key correspondence (only the essentials).
- Costs note: time spent to date and a costs submission (succinct).
Make it easy for a third surveyor to read once and decide.
Keep costs low with Simple Survey
Our simple, fixed pricing:
- Party Wall Notice service: £25 per adjoining ownership (multi-notice bundles discounted)
- Act administration as Agreed Surveyor (single 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*
We work to keep your neighbour’s surveyor’s hourly fees reasonable and contained.
We’re RICS-qualified building surveyors who keep referrals rare and targeted. When a third-surveyor determination is unavoidable, we prepare crisp, proportionate submissions that save time—and money.
Need a Sound referral?
Send us the draft clause, drawings and your two-paragraph issue summary. We’ll tell you if the dispute can be narrowed—or if a clean, single-issue referral is the smarter move.
Email: team@simplesurvey.co.uk
Subject: Third Surveyor Referral – Quick Review
Get the decision you need, without the drama—or the unnecessary costs.