If you and your neighbour have each appointed your own party wall surveyor, a third surveyor has already been selected in the background. That third surveyor is part of the Act’s built-in safety net to keep matters moving and to resolve genuine stalemates quickly and lawfully.
Below we unpack how third surveyors fit into the process, when they are used, what they can decide, and how costs are typically handled.
1) Why a third surveyor exists (and when they’re selected)
Under Section 10(1)(b) of the Party Wall etc. Act 1996, where there’s a dispute and the parties appoint two surveyors, those two surveyors must “forthwith select a third surveyor.”
- Selected, not appointed (yet): The third surveyor is chosen at the start but usually remains in reserve.
- The selection is mandatory in every two-surveyor case, so that a neutral decision-maker is ready if a deadlock arises.
2) Who can call upon the third surveyor—and when?
If the two surveyors (or either owner) hit a dispute they cannot resolve, either surveyor or either party may call upon the third surveyor to determine the disputed matter(s).
Common triggers include disagreements over:
- Validity/adequacy of drawings attached to notices or the award
- Protections and method statements (e.g., hand-tools only, temporary weathering, access routes/timings)
- Access scope under Section 8 (extent, duration, protections)
- Security for expenses (whether justified and how much)
- Reasonableness of fees (either surveyor’s fees or third-party advisers)
- Damage attribution and quantum where the two surveyors disagree
Good surveyors work hard to avoid referrals; but where a genuine impasse remains, escalation to the third surveyor is the designed path.
3) What the third surveyor can decide
A third surveyor has the same statutory jurisdiction as the two surveyors. In line with Section 10(12), their award may determine:
- (a) The right to execute any work (i.e., whether the notifiable work may proceed under the Act)
- (b) The time and manner of executing the work (typically the protective conditions and permitted hours)
- (c) Any other matter arising out of or incidental to the dispute, including costs of making the award
Crucially, the third surveyor can make the necessary award to resolve the referral. That award binds the parties (subject to the 14-day appeal window).
4) How the third surveyor process runs (a tidy roadmap)
- Stalemate identified by either surveyor (or concern raised by an owner).
- Pre-referral effort: The two surveyors should try to narrow/resolve issues first.
- Formal referral to the third surveyor with a clear, itemised list of disputed issues and the documents being relied on.
- Submissions/evidence exchanged—each side sets out their position succinctly, with references to the Act and relevant facts.
- Third surveyor’s determination: May be on paper or after a meeting/site review.
- Third Surveyor’s Award issued—confirming determinations and apportioning costs.
Tip: Submitting focused and well-evidenced positions speeds decisions and keeps costs down.
5) Costs: who pays?
Under Section 10, the third surveyor can award costs as they see fit. Typical patterns:
- The losing party on the referral usually pays the third surveyor’s fees and often the reasonable time of the successful surveyor.
- If both sides bear some responsibility (e.g., incomplete drawings + over-cautious demands), costs may be apportioned.
- As ever, the touchstone is reasonableness.
6) Practical pitfalls to avoid
- Referring too early: Many issues can be solved by a pragmatic tweak to drawings or protections without a referral.
- Over-loading the referral: Keep the dispute specific; sprawling, unfocused referrals inflate time and cost.
- Poor evidence: Assertions without drawings, calcs, or method statements are harder to win.
- Timing drift: Remember statutory lead-times for notices and service. A late referral may affect programmes—plan ahead.
7) What if a surveyor is slow, refuses, or goes missing?
The Act provides mechanisms if a surveyor refuses/neglects to act or becomes incapable (e.g., illness or death). In practice:
- The third surveyor may be called upon to progress or determine disputed matters.
- Where appropriate, a replacement selection/appointment can be made in line with the Act’s provisions to keep the process moving.
(Your party wall surveyor will guide the exact legal step, matching the scenario.)
8) Take-home points
- In a two-surveyor setup, a third surveyor is always selected at the outset—think of them as the tie-breaker.
- They can determine rights, time & manner, and costs—by award—when disputes persist.
- Use referrals sparingly and well-prepared to save time and money.
Need a clear path through a third-surveyor issue?
Simple Survey (RICS Surveyors) will help you:
- Decide whether a referral is really needed,
- Prepare a tight, evidence-led submission if it is, and
- Navigate cost risk and likely outcomes with calm, practical advice.
Email: team@simplesurvey.co.uk
Fixed fees. Nationwide coverage. RICS-qualified. Basement, loft, extension and structural works expertise.
Simple Survey — Fixed Nationwide Cost Chart (Guide)
| Service | What’s Included | Fixed Fee (incl. VAT) |
|---|---|---|
| Party Wall Notice (per Adjoining Owner) | Validity review, drafting, compliant service & 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 appointment | £300 |
Our fees are always fixed. We’re nationwide. We’re experienced and RICS-qualified.
FAQ
Q1: Does every two-surveyor case have a third surveyor?
A: Yes. The two surveyors must select a third surveyor forthwith. They remain in reserve unless called upon.
Q2: Can an owner go straight to the third surveyor?
A: The Act allows either owner or either surveyor to call upon the third surveyor. In practice, it’s wise to let the two surveyors first try to resolve or narrow the issues.
Q3: Will the third surveyor hold a hearing?
A: Not always. Many referrals are determined on paper. For complex matters, the third surveyor may request a meeting or site visit.
Q4: Who pays the third surveyor’s fees?
A: Typically the losing party on the referral, but the third surveyor decides. Costs can be split if both sides contributed to the dispute.
Q5: Can the third surveyor change protections or add new ones?
A: Yes. They can determine the time and manner of executing the works, which includes protections, access conditions, and method clauses.
Q6: What if my surveyor won’t engage or is very slow?
A: The Act provides routes to keep matters moving, including the third surveyor stepping in or replacing a non-acting surveyor where appropriate. Ask your surveyor (or us) for the correct statutory step in your scenario.
Need steady hands on a potential third-surveyor referral?
Email: team@simplesurvey.co.uk and we’ll chart the most efficient, low-risk route forward.