Whether you’re about to appoint a surveyor, already have one on board, or feel you’re butting heads, this guide will help you turn the relationship into a productive, compliant and cost-sensible partnership.
1) Use your surveyor—talk early, talk often
Party wall surveyors are statutory appointees under the Party Wall etc. Act 1996. Their legal duty is to act impartially and resolve the Act’s “dispute” (Section 10) — but that doesn’t mean they’re distant or unapproachable.
How to get value fast
- Share your aims and constraints (programme, budget, must-haves). Context helps the surveyor shape a practical award.
- Flag your worries early (e.g., dust, vibration, access dates, facade finishes, basement risks). Early issues are cheaper to solve.
- Keep them supplied: final construction drawings, SE calcs, method statements, temporary works notes, and your contractor’s contact.
For Adjoining Owners
Tell the surveyor how you actually use spaces at risk (nursery, home office, vulnerable finishes). The award’s protections can be tuned to real-world occupation.
2) Ask for the “why”: tie advice back to law, cases, and guidance
If something doesn’t sound right, ask your surveyor to ground their view:
- The Act (e.g., notice types/lead-times, Section 8 access, Section 10 dispute resolution, Section 12 security for expenses).
- Relevant case law (jurisdiction, appeals, reasonableness).
- Authoritative guidance (e.g., RICS professional guidance; reputable technical notes).
Clear, referenced reasoning is a hallmark of good practice. It also reduces the risk of later challenge.
A simple script you can use
“Could you please confirm the clause or section of the Act/case law/guidance that supports this position, and how it applies to our facts?”
Capture their explanation in writing (email). It creates an audit trail and speeds up decisions.
3) Manage scope, programme and expectations like a pro
Scope creep delays awards. Agree, in writing:
- What’s being awarded (drawings/revisions, methods, access extents, working hours).
- What needs a variation (design changes, deeper excavations, different plant).
- Who is doing what by when (surveyor actions, contractor submissions, owner sign-offs).
4) Keep communications triangular, not tangled
Best results come when surveyor ↔ owner ↔ contractor channels are open:
- Introduce your contractor to the surveyor(s) early.
- Invite short, focused technical calls for sticky items (temporary works, sequencing).
- Circulate concise recap emails with decisions and next steps.
5) Escalation without fireworks
If you’re unhappy with a position or pace:
Two-surveyor appointments
- Ask for a position note (setting out the issue and the legal basis).
- If disagreement remains, you may request a Third Surveyor referral (selected at the outset). Use this sparingly: the losing side usually pays.
Agreed Surveyor appointments
- Seek a formal written determination within their award/jurisdiction.
- If you still disagree once the Award is served, you have 14 days from service to appeal in the County Court. Appeals must allege legal or jurisdictional error, not mere dislike of outcomes. Always obtain legal advice first.
6) Practical ways to lower risk (and fees)
- Final, not preliminary drawings: prevent rework and re-inspection.
- Hand-tool methods on the party wall where appropriate: fewer vibration arguments, fewer damage claims.
- Access windows that match the programme: avoid overstay disputes.
- One point of truth: a simple shared folder with the latest drawings and the served Award.
- Polite neighbour updates (start dates, noisy days, concrete pours): reduce reactive calls via surveyors.
7) Red flags to address immediately
- Advice that can’t be tied to the Act/guidance.
- Refusal to liaise with the other surveyor or your engineer.
- Long periods without progress updates.
- Drafts referencing outdated drawings.
- Ignoring material design changes that plainly need a variation.
Document concerns; propose solutions; escalate only if needed.
Fixed, simple fees (nationwide)
| Service | What’s included | Fixed price* |
|---|---|---|
| Party Wall Notice (per Adjoining Owner) | Draft, legal validation, service & tracking | £25 |
| Agreed Surveyor Award | One impartial surveyor for both owners, Award & service | from £300 |
| Building Owner’s Surveyor (two-surveyor route) | Liaison/negotiation, Award & service | from £325 |
*Complex projects (e.g., basements, deep excavations, security for expenses, movement monitoring, advising engineer) may require specialist input. We flag all extras up-front.
Call in the experts…
Want a faster path to a robust Award?
Email your plans and any draft/served notices or awards to: team@simplesurvey.co.uk
We’ll give you a plain-English action plan and a fixed fee before you commit.
Simple Survey — Nationwide • Fixed Fees • Experienced & RICS-qualified
FAQ
Q1: My surveyor seems biased. Can I sack them?
No. Party wall surveyors are statutory appointees and cannot be dismissed by owners. They can declare themselves incapable of acting, or you can resolve issues via Third Surveyor referral (two-surveyor route) or by appeal after service of the Award.
Q2: Can I insist my surveyor follows my instructions?
They must act impartially and within the Act’s jurisdiction, not as your advocate. You can (and should) provide evidence, aims and preferences, but determinations are theirs.
Q3: The process is slow. What can I do?
Politely request a programme with dates and a weekly status email. For persistent delays, in a two-surveyor route, you can invite a Third Surveyor referral on the procedural point — but try collaborative solutions first.
Q4: Who pays surveyors’ fees?
Ordinarily the Building Owner pays the reasonable fees of the surveyor(s) administering the dispute. Excessive or unnecessary costs can be challenged within the award process.
Q5: I’m an Adjoining Owner—how do I protect fragile finishes?
Tell the surveyor. Ask for targeted protections (e.g., hand-tool clauses, dust sealing to vents/fireplaces, vibration limits, protection boards) to be written into the Award.
Q6: Can we change the Award once served?
If the works change materially, the surveyor(s) can issue a variation award. Don’t proceed on a changed design without checking first.