Most owners don’t realise a fundamental flaw in the Party Wall etc. Act 1996: the Act’s definition of a “surveyor” is so loose that almost anyone can call themselves a party wall surveyor.
There’s no built-in requirement for qualification, experience or insurance. That drafting quirk makes your initial choice critical—because once appointed under Section 10, a party wall surveyor can’t be sacked by the appointing owner.
Their appointment only ends if they die, become/incapable of acting, or (in very specific circumstances) refuse/neglect to act and the other surveyor proceeds.
Below is a practical guide to avoiding costly mistakes, spotting red flags, and knowing your options if things go wrong.
Why the choice of surveyor is so important
- You can’t fire them. After a valid Section 10 appointment, the surveyor performs a statutory role. They don’t “take instructions” in the usual client–consultant sense.
- They must be impartial. Whether appointed by the Building Owner, the Adjoining Owner, or as the Agreed Surveyor, they’re legally required to act neutrally and determine the dispute fairly.
- Quality determines cost and pace. Inexperienced or unqualified practitioners often mean slow timelines, weak Awards, missed protections, and higher global fees (yours and your neighbour’s).
Capable vs. questionable: what to check before you appoint
1) Qualifications & regulation
- Prefer RICS-qualified surveyors (AssocRICS/MRICS/FRICS) regulated by RICS.
- Check they carry current Professional Indemnity insurance (ask for confirmation).
- Training “memberships” or clubs like the FPWS alone aren’t professional qualifications.
2) Real project experience
- Ask for recent, relevant case examples: loft conversions, rear/side extensions, basements, chimney breast removals, internal structural works.
- Look for building pathology understanding (how structures behave, how damage happens, how to control site risk).
3) Transparent, fixed pricing
- Capable surveyors explain fee bases upfront, give fixed fees where possible, and outline when/why extras might arise.
- Be wary of vague hourly quotes with no ceiling, or fees that balloon without clear justification.
4) Process literacy
- Can they quickly explain which section(s) apply (1/2/6), correct notice content/service, timings, responses, Section 8 access, Section 11(11) enclosure, and security for expenses?
- If not, keep looking.
5) Communication & neighbour management
- Good surveyors shorten timelines by educating neighbours, answering questions early, and de-escalating.
- Poor communication typically equals delay—and cost.
Red flags that suggest the surveyor isn’t up to the job
- No PI insurance or unwilling to confirm.
- Won’t give fixed fees (where scope is standard).
- Slow, unresponsive, or misses statutory timings.
- One-sided conduct (they “act for” their appointer rather than act impartially under the Act).
- Procedural mistakes: invalid notices, wrong owners, missing excavation drawings for Section 6, incorrect service methods.
Already appointed someone and it’s going badly—what now?
You generally cannot replace your appointed surveyor. However, the Act provides safety valves:
- Section 10(6) – If the other surveyor refuses to act effectively, your surveyor can proceed ex parte on that discrete point (rare, but sometimes necessary).
- Section 10(7) – If a surveyor neglects to act for 10 days after a written request, the other can proceed on that matter.
- Third Surveyor referral – In two-surveyor cases, either surveyor (or either owner) can refer unresolved issues to the Third Surveyor to keep things moving.
- Incapable of acting – A surveyor can declare themselves incapable; only then can a fresh appointment be made.
A capable opposing surveyor will often guide these steps to avoid stalemate and spiralling costs.
How to keep your risk and costs low
- Appoint right, first time. Choose a qualified, insured, experienced practitioner with fixed fees.
- Serve valid notices early. Don’t DIY if you’re unsure—invalid notices reset the clock.
- Provide clear drawings and programmes. Good information = faster, cleaner Awards.
- Aim for an Agreed Surveyor (where appropriate). For conventional works and good neighbour relations, it’s often quicker and cheaper.
- Communicate. Early, honest neighbour engagement reduces dissents and fee inflation.
Simple Survey: capable, qualified and cost-effective
We combine RICS-qualified building surveyors, deep building pathology expertise and crystal-clear fees—so you get robust compliance without the premium price tag.
Our ultra-low, transparent pricing:
- Party Wall Notice service: £25 per adjoining ownership (multi-notice bundles discounted)
- Act administration as Agreed Surveyor (single surveyor): typically £300 fixed fee (depends on complexity and number of notices/owners)
- Two-surveyor route (we act for the Building Owner): fixed-fee proposals from £325 for our side (we work to keep your neighbour’s surveyor’s hourly fees reasonable and contained)
Strong call to action
Don’t gamble your project on an incapable appointee. Email your plans and address to team@simplesurvey.co.uk. We’ll confirm what’s notifiable, flag risks, and set out a fixed-fee plan to get you to a valid Award—swiftly, safely, and affordably.