When a neighbour serves (or you serve) a Party Wall Notice, the next big decision is how to run the dispute-resolution process if there’s a dissent: appoint one Agreed Surveyor to act for both owners, or separate surveyors—one for each side. The Party Wall etc. Act 1996 is flexible enough to support either route, but the choice you make can affect cost, speed, neighbour relations, and how smoothly issues get resolved.
Here’s a practical, no-nonsense guide to help you decide.
What each option actually means
Agreed Surveyor
Both owners jointly appoint a single surveyor. That surveyor must act impartially, administer the Act, and make the award.
Separate Surveyors
Each owner appoints their own surveyor. Those two surveyors must immediately (the Act says “forthwith”) select a Third Surveyor as a back-stop to determine any points they can’t agree.
In both cases, the award is legally binding and sets the terms for how the works proceed. Appointments are in writing and, once made, cannot be rescinded by either party (see s10(2)). If a surveyor refuses/neglects to act or becomes incapable, the Act sets out replacement and escalation mechanisms.
Cost: who pays, how much, and how to keep it sensible
- Who pays?
In most residential cases the Building Owner (the party doing the works) bears the surveyors’ reasonable fees—both their own and the Adjoining Owner’s if separate surveyors are appointed. - Agreed Surveyor costs
Usually lower overall because there’s only one professional involved. Many surveyors offer a fixed fee for this role. Confirm in writing exactly what’s included (drafting and serving the award, correspondence, revisions, attendance at any meetings, and handling minor clarifications). - Separate surveyors’ costs
The Building Owner’s surveyor is often on a fixed or staged fee. The Adjoining Owner’s surveyor commonly charges by the hour. The Act requires fees to be reasonable (s10(13)), and if there’s disagreement they can be referred to the Third Surveyor to determine.
Rule of thumb: If the project is straightforward and relations are cordial, an Agreed Surveyor tends to be the most economical path. If the scheme is complex or contentious, separate surveyors can still be cost-effective insurance against drawn-out disputes—especially when a decisive Third Surveyor saves weeks of back-and-forth.
Speed and predictability
- Agreed Surveyor
Fewer moving parts, fewer hand-offs, and one person drafting the award—this often means a quicker path to conclusion. - Separate surveyors
Timings can still be brisk when both surveyors are organised and pragmatic. But if a disagreement crystallises, the referral process adds steps: submissions to the Third Surveyor, comments, determination, then service. Efficient surveyors keep referrals laser-focused so they don’t balloon timelines.
Practical tip: Ask any prospective surveyor for their typical timelines for your type of project and what they do to prevent avoidable delay (clear document checklists, early agreement on key principles, prompt service of documents).
Impartiality and trust
Under the Act, all appointed surveyors must act impartially—even if a surveyor has been chosen by one party. Still, perception matters:
- Agreed Surveyor
Some Adjoining Owners feel wary of a single appointee. One way to build trust is for the Adjoining Owner to propose the surveyor who then acts for both parties. Many Building Owners are comfortable with this because they still gain the efficiency of a single appointment. - Separate surveyors
Each owner has their “own” surveyor, but neither acts as an advocate in the litigation sense. Their duty remains to the Act. The presence of a Third Surveyor provides a safety valve if the two hit deadlock, which can reassure owners worried about bias.
When you interview candidates, listen for statute-anchored answers rather than owner-pleasing promises. A good surveyor will explain what the Act allows, not just what you want to hear.
The Third Surveyor: why the “safety valve” matters
With separate appointments, the two surveyors must select a Third Surveyor early—before any dispute arises. If the appointed surveyors can’t agree on a point (fees, wording, method, timing), either can refer the matter to the Third Surveyor for a binding determination. The award will also state who pays the associated costs (often following the outcome).
You won’t have this built-in route with an Agreed Surveyor (there is no Third Surveyor). If you fundamentally disagree with their award, your remedy is via appeal to the County Court within 14 days of service—slower and riskier than a targeted third-surveyor determination.
Translation:
- If your project is complex, technically sensitive (e.g., unusual structures, deep excavations), or neighbour relations are fragile, separate surveyors + Third Surveyor can de-risk the journey.
- If the project is routine and both owners are pragmatic, an Agreed Surveyor’s streamlined route is often best.
Legal mechanics you should know (whichever route you choose)
- Appointments are sticky (s10(2)). You can’t sack a surveyor because you disagree with them. If there’s a breakdown, they may deem themselves incapable and step aside, but that’s their call.
- Inaction has consequences (s10(6) & s10(7)). If a surveyor refuses or neglects to act after a written request, procedures allow the other surveyor to proceed or, in some cases, to act as if agreed. This keeps matters moving.
- Non-response next door (s10(4)). If an Adjoining Owner ignores notices entirely, the Building Owner can appoint a surveyor on their behalf so the process isn’t blocked. That cannot be an Agreed Surveyor because there’s no agreement—so you end up in the “separate surveyors” route by default.
- Service and appeals. Awards are commonly served electronically where consented. The 14-day appeal clock runs from service, so synchronised, provable service matters.
When an Agreed Surveyor is usually a good fit
- Straightforward scope (typical loft steel insertions, simple rear extensions, standard foundation depths).
- Good neighbour relations with open dialogue and no history of friction.
- Clear, stable design with low likelihood of late changes.
- Tight budget or programme where efficiency is valuable.
- Confidence in the individual—ideally someone both owners trust (or chosen by the Adjoining Owner).
How to make it work
Agree the fixed fee and inclusions upfront; confirm how they’ll handle communications with both owners; check they’re strict on statutory service and timelines; and make sure they’ll document decisions clearly.
When separate surveyors are the safer choice
- Complex or higher-risk schemes (unusual structures, deep or staged excavations, tricky interfaces).
- Strained relations or low trust between the owners.
- Need for a safety net—you value the option to refer narrow issues to a Third Surveyor rather than jump straight to court.
- Different expectations about working hours, methods, protections, or how to interpret “unnecessary inconvenience.”
How to keep costs and time under control
Choose experienced, pragmatic surveyors; keep the scope tight; provide complete, accurate information at the start; encourage early agreement of key principles; and don’t let small points spiral—reserve referrals for issues that genuinely matter.
Questions to ask before you decide
- Experience: How many awards like mine have you completed in the last year?
- Route: If both owners agree, will you act as Agreed Surveyor—and on what fixed fee?
- If separate: How do you keep the other side’s time (and fees) reasonable?
- Process: How do you ensure valid service, correct owners, and compliant timelines?
- Disputes: What’s your approach to Third Surveyor referrals—when and how?
- Timings: What’s a realistic programme from notice to award for this scope?
- Fees: What’s included, what’s extra, and what triggers additional charges? Put it in writing.
- Communication: How will you keep both owners informed and defuse friction early?
A simple decision framework
- Low complexity + cooperative neighbours + cost/time sensitivity
→ Agreed Surveyor is likely best. - Higher complexity or tension + desire for a built-in arbiter
→ Separate surveyors with the Third Surveyor safety valve.
Either way, choose on merit and method—a surveyor who is visibly impartial, process-driven, clear on the Act’s mechanics, and calm under pressure. Get the appointment, service, and timelines right; keep communications open and documented; and you’ll give your project the best chance of moving forward smoothly, fairly and on time.
Email team@simplesurvey.co.uk. Simple Survey are the lowest-cost party wall surveyors across England & Wales—we’ll draft and serve valid notices and Award that protects relationships and timelines.