Navigating Party Wall Surveyor Selections & Appointments

Who does what, when—and how to get this right first time

Choosing and appointing Party Wall Surveyors is one of the most consequential steps in the Party Wall etc. Act 1996 process.

The Act gives surveyors statutory powers, strict duties, and—crucially—their appointment isn’t easily reversible.

Here’s a clear, detailed guide so you appoint confidently and keep your project moving.

1) Formality matters: written appointment only

A Party Wall Surveyor must be appointed in writing to act under Section 10 of the Act. Without a written appointment, any “award” risks invalidity. Written appointment can be:

  • Wet-ink signature engagement letter; or
  • Digital/e-signature appointment (perfectly acceptable if clear on scope and role).

Good practice:

  • The appointment should name the Appointing Owner, identify the property and works and confirm authority to receive/serve documents and (if needed) to appoint on your behalf under the 10-day provisions.

2) You can’t “sack” a Party Wall Surveyor

This is a statutory appointment. Once validly made, you cannot dismiss your surveyor because of slow responses, style differences, or disagreements. Replacement only happens if:

  • The surveyor dies; or
  • The surveyor declares themselves incapable of acting (e.g., conflict of interest, illness, or a professional decision to step aside).

Implication: Appoint wisely. Check credentials, experience and responsiveness before you sign.

3) The three surveyor “types” (roles under the Act)

A) Agreed Surveyor (single surveyor for both owners)

  • Who appoints? Both the Building Owner and the Adjoining Owner jointly.
  • Duty: 100% impartial; resolves the dispute and makes the Party Wall Award.
  • Pros: Streamlined, usually faster and more economical (one surveyor, one award).
  • Cons: There is no Third Surveyor safety-valve. Choose someone experienced, neutral and trusted by both parties.

B) Two Surveyors (one for each owner)

  • Who appoints? Each owner appoints their own Party Wall Surveyor.
  • Duty: Each surveyor owes a statutory, impartial duty to the Act (they are not advocates), but day-to-day they will naturally liaise most with their Appointing Owner.
  • Pros: Two sets of professional eyes; useful for complex or higher-risk schemes.
  • Cons: Generally slower and costlier than an Agreed Surveyor route.

C) Third Surveyor (the safety-net in two-surveyor cases)

  • How selected? The two surveyors select (not appoint) a Third Surveyor at the outset.
  • When involved? Only if there’s a referral—i.e., a specific matter the two surveyors (or owners) cannot agree.
  • What do they do? Determine the referred dispute by decision or award.
  • Costs: Commonly paid by the losing party to the referral (as the Third Surveyor decides), but costs can be apportioned at their discretion.

4) What to include in (and expect from) a robust appointment

  • Role clarity: Agreed Surveyor or Building/Adjoining Owner’s Surveyor.
  • Scope: Notices, Award drafting, access provisions, damage protocol, security for expenses (if applicable), service of documents.
  • Authority: Whether your surveyor may appoint on your behalf under the 10-day rule if an adjoining owner fails to respond.
  • Conflicts & PI insurance: Confirm no conflicts and that they hold appropriate professional indemnity cover.
  • Fees: Fixed fees where possible; what counts as extras (e.g., long additional meetings, Third Surveyor referrals, extensive engineering review).
  • Communication expectations: Preferred channels, typical response times, and reporting points (e.g., when draft Award is issued, when service occurs).

5) How to choose: practical selection checklist

  1. Qualification & standing
    • Prioritise RICS-qualified professionals (AssocRICS/MRICS/FRICS) with identifiable party wall experience.
    • Ask for relevant recent case examples (extensions, basements, lofts, chimney removals, s.6 excavations).
  2. Depth of building pathology & structural literacy
    • Party wall surveying is a blend of law and construction. Your surveyor must understand how buildings behave—especially under excavation and structural alteration.
  3. Impartial mindset
    • Even your “own” surveyor must act impartially. Look for someone who is firm, fair, pragmatic—and not performative.
  4. Document discipline
    • Notices and Awards must be complete and valid (including correct service under s.15). Ask about their process and templates.
  5. Fee structure
    • Fixed fees for the foreseeable work stages; transparency on disbursements (travel, printing, recording) and on escalations (e.g., Third Surveyor).
  6. Service culture
    • Will they brief your contractor on Award requirements? Are they proactive with the other surveyor? Do they keep you updated?

6) Typical appointment routes—when to choose which

  • Small/straightforward works (e.g., standard loft steels into a party wall, simple DPC injection):
    Try for an Agreed Surveyor, provided the neighbour is comfortable and the surveyor is clearly neutral and competent.
  • Medium/complex works (rear/side extensions with s.6 excavations; tight access; unusual details):
    Two Surveyors may be more appropriate; dual scrutiny helps reduce on-site surprises.
  • High-risk works (basements, deep contiguous piles, underpinning near sensitive structures, retained façades):
    Expect a Two Surveyor route, possible advising engineer input, Security for Expenses, and increased documentation. The Third Surveyor’s presence as a back-stop is reassuring, even if rarely used.

7) Common pitfalls—and how to avoid them

  • Appointing on price alone: A low fee can prove expensive if the award is delayed, incomplete or weak on protections.
  • Assuming “my surveyor is my advocate”: They aren’t; their job is to resolve the Act’s dispute, not “win” for you.
  • Vague appointments: If scope and authority aren’t explicit, timings and validity can suffer.
  • No contractor briefing: If the contractor doesn’t read and follow the Award, expect friction, extra fees—and risk of damage.

8) Quick FAQs

Q: Can I change my surveyor because communication is poor?
A: Not unilaterally. You can only replace if they die or declare themselves incapable of acting.

Q: Can my architect/engineer act as surveyor?
A: Yes—if validly appointed under s.10—but ensure impartiality, competence, and PI insurance.

Q: Who pays the surveyors?
A: Generally the Building Owner, for reasonable fees (including the Adjoining Owner’s surveyor, if appointed). Complexities may alter apportionment in limited scenarios.

Simple, fixed, nationwide pricing (no surprises)

Party Wall Notices

  • Drafting + valid service (per Adjoining Owner) …………………….. £25

Party Wall Awards

  • Agreed Surveyor Award (one surveyor for both owners) …………. from £300 (fixed)
  • Building Owner’s Surveyor (two-surveyor route) ……………….. from £325 (fixed, our side)

We’re RICS-qualified, experienced across lofts, extensions, basements, chimney removals, party structures, and we keep both owners informed and at ease.

Ready to appoint—properly?

Email your drawings and neighbour details. We’ll confirm what’s notifiable, propose the right appointment route, and set out fixed fees from Notice through to Award.

Simple Survey — Nationwide • Fixed Fees • Experienced & Qualified
📧 team@simplesurvey.co.uk