If you’ve just discovered there’s a third surveyor named in your Party Wall paperwork, it’s completely normal to feel confused – you’ve already got two surveyors, so why on earth is there a third?
You’re not alone. Third surveyors are one of the least understood parts of the Party Wall etc. Act 1996 – but they’re also one of its most important built‑in safeguards.
This article breaks down who the third surveyor is, why they exist, when they get involved, and who pays.
1. When Does a Third Surveyor Exist?
A third surveyor only exists where there is a two‑surveyor appointment:
- One Building Owner’s Surveyor, and
- One Adjoining Owner’s Surveyor.
As soon as those two surveyors are appointed, the Act requires them to select a third surveyor in the background. You’ll usually see that name recorded:
- In the surveyors’ initial correspondence, and/or
- In the preamble of the Party Wall Award.
If your matter is being dealt with by an Agreed Surveyor (just one surveyor for both owners), there is no third surveyor.
2. Selected, Not Appointed – What That Actually Means
A key bit of jargon:
Third surveyors are selected, not appointed.
Why that matters:
- The two active surveyors choose (select) a third surveyor as a potential referee.
- The third surveyor doesn’t usually accept a formal appointment at that stage.
- They often won’t even know they’ve been named unless and until a dispute is actually referred to them.
They only move from “selected” to truly “acting” surveyor when a referral is made and they agree to take it on.
3. Why Do We Need a Third Surveyor?
Think of the third surveyor as the Act’s in‑built tribunal member – a neutral referee who can step in if things get stuck.
Their purpose is to:
- Break deadlocks between the two surveyors
- Provide an independent decision on disputed technical or legal points
- Avoid forcing owners straight into expensive court proceedings
In other words, the third surveyor exists to keep the dispute‑resolution process inside the Act, rather than sending everyone off to the county court at the first sign of disagreement.
4. Who Chooses the Third Surveyor?
The Act requires that:
- The Building Owner’s Surveyor and the Adjoining Owner’s Surveyor jointly select the third surveyor.
In practice, they will usually:
- Choose a surveyor who is:
- Highly experienced in Party Wall work
- Often RICS‑qualified
- Known for being balanced, technical and calm
- Record that selection in writing
If they cannot agree on who the third surveyor should be, the Act includes a further safety valve: the local authority’s appointing officer (or in some cases the Secretary of State) can step in and select one instead.
5. When Does a Third Surveyor Get Involved?
Despite being selected at the start, the third surveyor sits in the background and does nothing unless and until:
- The two surveyors cannot agree some part of the matter; or
- One of the owners or one of the two surveyors chooses to refer a specific dispute to them.
Typical referral issues might include:
- Disagreement over surveyors’ fees
- A dispute over a particular protective measure or method of working
- A disagreement over access arrangements or timings
- Arguments about whether certain works are or aren’t notifiable under the Act
The third surveyor is not there to re‑run the whole case; they decide the point(s) referred and nothing more.
6. How Does a Referral to the Third Surveyor Work?
The process is usually:
- One surveyor (or owner) sends a formal referral, setting out the matters in dispute.
- The third surveyor decides whether to accept the referral.
- They will normally:
- Request copies of the existing notices, correspondence and draft Awards
- Invite written submissions from both surveyors (and sometimes owners)
- Ask questions, seek clarification, and possibly inspect the properties if needed
- They then issue a Third Surveyor’s Award dealing with that specific dispute.
That Award is binding, subject only to the usual 14‑day right of appeal to the county court.
7. Who Pays the Third Surveyor’s Fees?
This is one of the most common questions – and a big source of anxiety.
Key points:
- The third surveyor will not normally start work until an appropriate sum is paid on account of their costs.
- This comes from one of the owners.
- In their Award, the third surveyor will then decide:
- What their total reasonable fee is; and
- How that fee is split between the two owners.
Frequently:
- The “losing” party on the referred issue pays most or all of the fee –
but the third surveyor can apportion costs as they see fit depending on the conduct of both sides.
This is one reason why careful, measured referrals – not knee‑jerk ones – are so important.
8. Can a Third Surveyor Say “No Thanks”?
Yes. Even though a surveyor has been selected as the third surveyor, they can:
- Decline to accept a referral, or
- Withdraw if a conflict arises (for example, a prior involvement that comes to light later).
If that happens, the two active surveyors:
- Must select a new third surveyor, or
- If they can’t agree, ask the appointing officer to select one.
Again, the system is designed to ensure there is always someone in place to resolve disputes if necessary.
9. Are Third Surveyor Referrals Common?
No – they are relatively rare.
Most experienced surveyors know:
- A third surveyor referral adds time, cost and stress for both owners.
- Many disputes can be resolved by:
- Picking up the phone
- Narrowing the actual point of disagreement
- Compromising where appropriate
- Staying focused on the Act, not personalities
Good surveyors treat the third surveyor as a last resort, not the first port of call.
10. Can a Third Surveyor’s Award Be Appealed?
Yes. A Third Surveyor’s Award is still an award under the Act, and therefore:
- Either owner can appeal it to the county court within 14 days of service.
- The appeal must be based on legal or technical error, not just “I don’t like the outcome”.
- If the appeal fails, the appealing party may also be liable for:
- The other side’s legal costs
- Any delay‑related losses that can be proven.
That’s why any referral and any appeal should only be made with eyes open and proper professional/legal advice.
Simple Survey – Your Calm Guide Through Party Wall Complexity
Need Third Surveyor Jargon Translated into Plain English?
Whether you’re:
- A building owner anxious about cost and delay, or
- An adjoining owner worried about how decisions are being made,
understanding the role of the third surveyor is vital – and so is having a surveyor who knows when to use that route and when not to.
At Simple Survey we:
- Are RICS‑qualified and experienced in complex Party Wall matters
- Understand both the legal framework and the real‑world construction risks
- Focus on resolving disputes, not inflaming them
- Work nationwide on a clear, fixed‑fee basis for building owners on standard schemes
📧 Email your plans, Notices or questions to team@simplesurvey.co.uk
We’ll give you straight, practical advice on your options – including if a third surveyor referral really is necessary.
Simple Survey — Fixed Nationwide Cost Chart (Guide)
| Service | What’s Included | Fixed Fee (incl. VAT) |
|---|---|---|
| Party Wall Notice (per Adjoining Owner) | Compliance check, drafting, service & response tracking | £25 |
| Agreed Surveyor Award | Single impartial surveyor acting for both owners | £300 |
| Building Owner’s Surveyor Award | Acting for Building Owner in a two‑surveyor route | £300 |
Simple Survey are experienced, RICS qualified and operate nationwide.
FAQ – Party Wall Third Surveyors
Q1: Do I get to choose the third surveyor as an owner?
No. The third surveyor is jointly selected by the two appointed surveyors. If they can’t agree, the local authority’s appointing officer (or, in some cases, the Secretary of State) will select one instead.
Q2: Can I contact the third surveyor directly?
Procedurally, referrals are usually made through your own surveyor, not directly by owners. You can, however, ask your surveyor to put your concerns or arguments in writing as part of the referral.
Q3: Will I definitely have to pay the third surveyor’s fees if a referral is made?
Not necessarily. The third surveyor will decide in their Award how their fees are apportioned. Often, the party whose position is rejected will pay more, but they can share costs in any way they see fair, including 50/50.
Q4: Can a third surveyor overrule both other surveyors completely?
They can determine the specific matters referred to them, and their Award on that point is binding (subject to appeal). They don’t normally re‑write everything else, but they do have wide powers to resolve the disputed issues.
Q5: If a third surveyor has been named, does that mean a dispute is inevitable?
Not at all. The Act requires a third surveyor to be selected in every two‑surveyor case, whether or not they are ever used. Many matters are completed smoothly without any third surveyor involvement at all.
Q6: Should I be worried if my surveyor mentions a possible third surveyor referral?
You should see it as a warning sign that a particular issue is proving hard to resolve – and a prompt to:
- Ask for a clear explanation of the disagreement
- Understand the cost and risk of a referral
- Consider whether a practical compromise exists
Sometimes a referral is the right tool; often, a pragmatic solution can be reached without it.
If you’d like help understanding whether a third surveyor is likely to feature in your matter – or how best to avoid needing one – drop us a line at team@simplesurvey.co.uk and we’ll talk you through your options in plain English.