Most party wall matters run smoothly when both surveyors act promptly, proportionately, and within the four corners of the Party Wall etc. Act 1996. But every so often, you’ll encounter an adjoining owner’s surveyor who is slow, adversarial, or simply unfamiliar with the Act. That doesn’t mean your project must stall or your costs spiral. With the right strategy—and a cool head—you can keep momentum, protect your position, and stay compliant.
Below is a practical playbook drawn from day-to-day experience of resolving sticky files without drama.
First, define “difficult”
“Difficult” can mean a few things:
- Process blockers: requests outside the scope of the Act, or ever-expanding information lists without clear rationale.
- Time wasters: long silences, missed statutory steps, or failure to engage on key issues.
- Cost inflators: excessive hourly rates, duplicated tasks, or billable hours that don’t reflect the complexity of the works.
- Partisan actors: language or actions suggesting advocacy for their appointing owner rather than impartial determination.
Label the behaviour, not the person—it’s easier to choose the right remedy.
Set a professional tone from day one
You can’t control the other side, but you can set the standard:
- Be complete and clear: serve valid notices, attach concise drawings (and sections where required under s.6), and include a plain-English method summary. The fewer gaps, the fewer pretexts for delay.
- Propose a timetable: outline target dates for information exchange and award drafting. Reasonable structure signals that you intend to progress with due diligence.
- Confirm the third surveyor “forthwith”: per s.10(1)(b), push for immediate selection. Having a trusted referee in place changes behaviour—everyone knows there’s somewhere to go if progress stalls.
Keep everything in writing
Difficult files die without a paper trail. Email confirmations should:
- Recap what was asked, what you provided, and by when.
- Tie requests back to the Act (e.g., “relevant to s.2(2)(f)” or “required under s.6 with plan/section”).
- Record any agreements in principle (working hours, access sequences, safeguarding measures).
- Note reasonable deadlines—polite, firm, and dated.
This isn’t bureaucracy; it’s momentum insurance and essential if a referral or cost challenge is needed later.
Use the Act’s built-in levers (properly, not punitively)
The Act gives you tools to unstick matters—use them measuredly:
- s.10(6) & s.10(7) “request to act effectively”: if the other surveyor refuses or neglects to act, issue a written request identifying the specific subject matter (e.g., fees, wording of a clause, selection of the third surveyor). If there’s no effective action within 10 days, you may proceed as if agreed surveyor on that matter or go to the third surveyor. Precision is key here.
- s.10(8) appointing officer route: if third surveyor selection deadlocks, apply to the appointing officer. The mere prospect often prompts agreement.
- s.10(11) third surveyor referral: where debate hardens into dispute (fees, clauses, damage allocation, sequencing), make a tight, evidenced submission. Keep it short, referenced to the Act, and focused on what needs determining.
These steps are not threats—they’re how the system moves forward.
Keep the award tight, focused, and fair
Difficult files often balloon because the draft award tries to solve every hypothetical. Aim for:
- Clear authorisation: reference the correct sections, drawings, and methods the award permits.
- Proportionate safeguards: time and manner of executing the works (s.10(12))—working hours, protection measures, temporary support strategies, debris control, communication lines.
- Access clarity: dates/windows, protection to surfaces, and reinstatement—specific enough to be workable, not so rigid that weather or sequencing becomes non-compliant.
- Dispute pathway: confirm that any further disputes connected with the authorised works are to be determined under s.10(10).
Lean awards are harder to contest and easier to comply with.
Don’t let perfection kill progress
Some surveyors will hold out for a “gold-plated” set of documents. Under the Act, the question isn’t whether more information could exist, but whether there is enough to determine that the works can proceed safely and without unnecessary inconvenience. If you’ve met that threshold, say so—politely—and offer the third surveyor route if they disagree. It focuses minds.
Escalate like a professional
If you must refer:
- Give notice first: a calm, dated email stating that unless X is resolved by Y, you’ll refer Z issue(s) to the third surveyor under s.10(11).
- Submit only what’s needed: the question(s), the competing positions, and the minimum evidence to decide. No rhetoric.
- Accept the decision: the award will also apportion costs—learn, adapt, move on.
Referrals aren’t failures; they’re part of the mechanism. Use them to finish, not to fight.
Keep your client calm and informed
Difficult counterparties can rattle building owners. Regular, plain-English updates—what’s outstanding, what you’ve done, the next step under the Act—prevent frustration and rash decisions (which are always costlier). Confidence is contagious.
Golden rules summary
- Start strong: valid notices, complete core info, third surveyor selected early.
- Stay written: confirm everything; set reasonable, dated expectations.
- Stay inside the Act: tie requests and responses back to sections.
- Be proportionate: enough information to determine safety and convenience—no more, no less.
- Use levers, not threats: s.10(6)/(7) requests and s.10(11) referrals when required.
- Control costs: “reasonable” means evidenced and proportionate to risk and complexity.
- Finish the job: keep the award clear, workable, and focused on the notified works.
Need steady hands on a difficult file?
Simple Survey specialises in moving stuck party wall matters forward—firmly, fairly, and fast. We’ll tighten your notices, streamline correspondence, manage costs, and, if needed, brief and run targeted third-surveyor referrals.
Email us at team@simplesurvey.co.uk with subject “Difficult Surveyor Help” and we’ll get right back to you with a practical plan and fixed-fee options.