Can an Owner Approach the Third Surveyor?

Short answer: yes—in many cases an owner can approach the Third Surveyor.

Long answer: it’s wise to understand when, how, and why to do it so you don’t burn time and money or derail your programme.

This guide explains the Third Surveyor’s role under the Party Wall etc. Act 1996, when direct owner contact is appropriate, how referrals work in practice, and the common pitfalls to avoid.

What the Third Surveyor actually does

Under Section 10 of the Act:

The two appointed surveyors must select a Third Surveyor “forthwith” once they’re appointed.
The Third Surveyor’s job is to determine disputed matters that the two surveyors (or the owners) can’t resolve.
The decision is given by award and is binding unless appealed to the County Court within 14 days.

Think of the Third Surveyor as a built-in umpire—used only when needed, and only on specific disputed points connected to the notifiable works.

Can an owner contact the Third Surveyor directly?

Yes—if there’s a genuine dispute

Section 10 allows either owner (as well as either appointed surveyor) to call in the Third Surveyor. That means owners aren’t locked out if the appointed surveyors stall, refuse, or are conflicted.

But: use the right route

In practice, the Third Surveyor will usually insist on proper, focused submissions and may first ask to see the appointed surveyors’ positions. Many Third Surveyors prefer referrals to come through the appointed surveyors so the issues are crisply framed and duplication is avoided.

When direct approach makes sense

Your surveyor won’t engage (despite written requests), and a 10(7) “neglect to act” nudge hasn’t worked.
Both surveyors disagree on a discrete point and neither will refer.
You disagree with your own surveyor on an unresolved matter that hasn’t yet been decided by award.

Tip: Keep it narrow. The Third Surveyor resolves disputes, not project-manage the whole job.

What the Third Surveyor can (and can’t) decide

Can decide

Specific points of dispute about rights, methodology, access, sequencing, protections, security for expenses, and fees.
Whether proposed clauses or conditions are proportionate and properly within the Act.

Cannot decide

Matters outside the Act (pure planning issues, private bargains, contractual wrangles).
A served award (use a County Court appeal within 14 days for that).
Hypothetical or broad “please review everything” requests—there must be a defined dispute.

How a referral typically works

Frame the issue: one point per referral wherever possible (e.g., “quantum of security for expenses” or “access duration to erect scaffold”).
Provide essentials only: relevant drawings, the draft clause, brief reasoning, and any correspondence that shows there’s a dispute.
Short submissions: both sides are invited to submit; the Third Surveyor may allow a brief reply.
Determination by award: the Third Surveyor issues an award and will usually require fees on account before serving.
Costs: the award will state who pays the Third Surveyor’s fee (often the party who loses the point) and may apportion appointed surveyors’ referral time.

When should you not go to the Third Surveyor?

If the issue is really a legal/procedural challenge to a served award → appeal instead.
If you haven’t tried the basic 10-day request mechanisms under Sections 10(6)/(7).
If you’re trying to revisit a point already agreed and not in dispute.
If the problem is poor communication—you’ll pay to discover the Third Surveyor wants a clearer paper trail first.

Common owner mistakes (and how to avoid them)

Referring bundles, not issues: send a single, crisp question with only the documents that matter.
Skipping the nudge: use a polite, dated, written request to act—it strengthens your position.
Using the Third Surveyor as an appeal route after service: that’s court only.
Assuming costs are someone else’s problem: if you lose the point, expect a costs consequence.

Costings (what to budget)

Costs vary with complexity and the Third Surveyor’s seniority, but as a guide:

Third Surveyor referral (simple, single issue): ~£600–£1,500 + VAT.
Multi-issue or high-stakes referral: £1,500–£3,500 + VAT (and occasionally more).
Appointed surveyors’ time preparing submissions may also be included—often £120–£350/hr for the Adjoining Owner’s surveyor; Building Owner’s surveyor may be on a fixed fee.

A tight, well-framed referral is the best way to keep these numbers down.

Our transparent, fixed pricing (to keep disputes contained)

Party Wall Notice service: £25 per adjoining ownership (multi-notice bundles discounted).
Act administration as Agreed Surveyor (single surveyor): typically £300 fixed-fee, depending on complexity and number of notices/owners.
Two-surveyor route (we act for the Building Owner): fixed-fee proposals from £325 for our side. (The Adjoining Owner’s surveyor often bills hourly; we work to keep those costs reasonable and contained.)
Complex works (deep excavations, multi-owner blocks): we’ll still offer the fixed pricing as above.
No surprises, no creeping extras. You’ll know the number before we start.

FAQs

Can I approach the Third Surveyor without telling my appointed surveyor?
You can, but it’s rarely ideal. The Third Surveyor will likely ask for the appointed surveyors’ positions anyway. You’ll save time and cost by coordinating so the referral is tight and properly evidenced.

Is the Third Surveyor a fresh start if I don’t like where things are heading?
No. They decide specific disputed matters. They won’t re-run the whole job or reopen settled items. After an award is served, your remedy is County Court appeal within 14 days.

Can the Third Surveyor sort out fees?
Yes. Fee disputes are a common and valid referral. The Third Surveyor will look at reasonableness (time incurred, hourly rate, necessity).

What happens if the Third Surveyor refuses to act?
If a selected Third Surveyor refuses or neglects to act, the appointed surveyors must select another (or involve the appointing officer where required).

Who pays for the Third Surveyor?
The award will say. Generally, costs follow the event—the party that loses the point often pays the Third Surveyor’s fee, and sometimes related referral time.

Bottom line

Yes—owners can approach the Third Surveyor. Just make sure there’s a real, defined dispute, keep the question narrow, use the 10-day mechanisms where appropriate, and weigh the costs vs benefit before you pull the trigger. Done well, a Third Surveyor referral is the fastest, fairest way to unstick a key point and keep your project moving.

Need a quick, no-nonsense view on whether to call in the Third Surveyor—and how to frame it?
Email team@simplesurvey.co.uk for a fast, fixed-fee plan that keeps risk, time and costs under control.