It’s more common than you think to feel out of sync with your appointed surveyor. Maybe you’re worried they’re leaning the wrong way on access, security for expenses, methodology, or fees. The good news: the Party Wall etc. Act 1996 gives you structured ways to challenge, clarify, or change course—without blowing up your project or your neighbourly relations.
Below is a practical route-map covering what you can (and can’t) do if you disagree with your party wall surveyor.
First principles: your surveyor isn’t “your” advocate
Once appointed under Section 10, a surveyor’s statutory duty is to act impartially. They don’t take instructions from the owner who appointed them. That can feel uncomfortable—especially when time and money are at stake—but it’s how the Act keeps decisions fair and enforceable.
Step 1: Ask for clarity in writing
Before you reach for drastic measures, send a clear, concise email setting out:
- The point you disagree with (one issue per message works best).
- Why you think it’s wrong (reference drawings, clauses, or case-law if you can).
- What outcome you’re seeking.
- A reasonable timeframe to respond.
Polite, specific correspondence gives the surveyor something concrete to address—and creates a tidy record if you need to escalate.
Step 2: Use the Act’s “nudge” tools
The Act includes two time-based levers when a surveyor appears to be dragging their heels or ignoring a legitimate request:
- Section 10(7) – Neglect to act: If a surveyor neglects to act effectively for 10 days after a written request on a specific matter, the other surveyor may proceed on that matter as if acting alone (ex parte).
- Section 10(6) – Refusal to act: If a surveyor refuses to act, the other may proceed as Agreed Surveyor.
These aren’t nuclear options; they are there to keep the process moving. If you’re the Building Owner and believe your counterpart is the problem, coordinate with your surveyor to trigger these correctly.
Step 3: Consider a Third Surveyor referral (two-surveyor route)
If each owner has appointed a separate surveyor and they can’t agree, either surveyor (or either owner) may refer the disputed point to the Third Surveyor. The Third Surveyor will invite succinct submissions and then determine the matter by award.
Why this helps:
- It’s faster and cheaper than a court appeal.
- You get a technical ruling that keeps the programme alive.
- Costs usually “follow the event” (the party who loses the point often pays).
When to use: Fee disputes, security for expenses quantum, access terms, methodology safeguards, drafting/contentious clauses.
Step 4: Ask your surveyor to deem themselves “incapable” (rare, but real)
You cannot unilaterally sack your appointed surveyor—Section 10(2) forbids rescinding appointments. But if there’s a genuine conflict (illness, capacity constraints, a relationship breakdown so severe it impedes impartiality), you can invite them to deem themselves incapable of acting. If they agree, Section 10(5) allows a replacement.
Use this sparingly and only with good reason; most surveyors will step aside if staying on would damage the integrity of the process.
Step 5: Appeal the award (only for legal/procedural error)
Once an award is served, you have 14 days to appeal to the County Court (Section 10(17)). Appeals are about law and procedure, not “I’d have balanced this differently.” Think invalid notices, jurisdictional overreach, failure to consider relevant matters, or decisions no reasonable surveyor could reach.
Reality check: Appeals are slower and costlier than Third Surveyor referrals. Get advice first.
Cost awareness (so disagreement doesn’t become a money pit)
- Under the Act, Building Owners usually pay the reasonable costs of administering the procedures.
- If you push a weak point to a Third Surveyor, you may end up paying their fee. If you’re the Adjoining Owner, don’t assume it’s “free” to fight everything—proportionality matters.
- A focused 1–2 page submission beats a sprawling dossier. Keep issues narrow and evidence-led.
How Simple Survey can help
Transparent, 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, 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 replace my surveyor because I disagree with them?
Not unilaterally. Appointments can’t be rescinded (Section 10(2)). If they are incapable of acting, they can step aside and be replaced under Section 10(5). Otherwise, use Third Surveyor referrals or, after service, appeal.
What if my surveyor ignores me?
Your remedy is via the statutory process, not management of the surveyor. Use a 10(7) notice (neglect to act) through the other surveyor to keep things moving, or request a Third Surveyor referral on the specific issue.
Is a Third Surveyor referral expensive?
Cheaper and faster than court. Costs are at the Third Surveyor’s discretion and typically follow the outcome on the referred point.
Should I appeal the award?
Only if there’s a good legal/procedural ground and you’re within 14 days. If the dispute is technical (not legal), a Third Surveyor referral before the award is usually smarter.
Who pays for all this?
Normally the Building Owner pays the reasonable costs. But if a party runs an unmeritorious point to the Third Surveyor, expect a costs consequence.
Bottom line
Disagreeing with a party wall surveyor doesn’t mean your project is doomed. The Act gives you measured, practical levers: clarify in writing, use 10-day notices to prompt action, refer tight issues to the Third Surveyor, and reserve court for genuine legal defects. Keep it focused, proportionate, and evidence-led—and you’ll control risk, time and cost.
Email team@simplesurvey.co.uk for a fast, candid view of your options and a fixed-fee plan to get you moving again.