In the previous post, we reached the stage where the Adjoining Owner has gathered evidence and prepared a damage claim. The next step is to present the claim to the Building Owner with a clear deadline—after which you’ll treat the matter as in dispute. This avoids open-ended “we’re looking into it” responses and creates the trigger needed to move into the Act’s dispute procedure.
When should surveyors get involved?
Appointed surveyors should avoid formal involvement until a dispute is confirmed. Their statutory jurisdiction is not unlimited; they cannot keep issuing awards indefinitely without a live dispute.
- Informal help is fine: Many surveyors will try to broker dialogue informally (and without charge under the Act) to narrow issues.
- Formal role begins at dispute: Once the dispute is crystallised, the statutory process applies.
The statutory duty to determine (s.10(10))
When a dispute is confirmed, either owner may refer it to the appointed surveyor(s). Under Section 10(10), the agreed surveyor or any two of three surveyors shall settle by award any matter that:
(a) relates to Act works, and
(b) is in dispute between the owners.
Read that as a requirement, not an option: if a dispute concerns works authorised by a Party Wall Award, the court will expect the Act’s mechanism to be used first.
What usually happens in practice
- With two appointed surveyors, agreement is not guaranteed. Where they cannot agree, the issue is referred to the Third Surveyor.
- The Third Surveyor typically invites written submissions from each side (often with one round of comments) and then issues an award.
- There is a 14-day appeal window after service of the award. Because appeals are heard in the County Court, owners should only appeal after careful advice.
If there is one Agreed Surveyor, there is no Third Surveyor. The Agreed Surveyor must either determine the referral or declare themselves unable to act.
Costs and who pays
The award will address costs, primarily the surveyors’ fees. Liability usually follows the outcome, but where neither party succeeds entirely, fees may be apportioned.
- Reality check: Third-surveyor referrals can be expensive. It may be disproportionate to refer small-value disputes.
- Surveyors should warn owners early about potential exposure to costs; this often focuses minds toward sensible settlement.
Practical steps for Adjoining Owners
- Submit a clear claim with evidence (photos, schedule, quotes) and a response deadline.
- If the deadline passes without resolution, confirm the dispute in writing.
- Refer to surveyor(s) under s.10—keep submissions concise, factual, and evidenced.
- Consider proportionality: weigh likely costs of a Third Surveyor route against the value of the claim.
- If an award is served, calendar the 14-day appeal period and seek advice promptly if you’re considering an appeal.
Practical steps for Building Owners
- Acknowledge and engage with the claim quickly; request any reasonable clarifications in one go.
- Where liability is clear, offer making good or fair compensation early to minimise cost escalation.
- If referring to a Third Surveyor, keep submissions focused on causation, scope, and quantum—not personality or process complaints.
Need a measured plan for a damage dispute?
Email team@simplesurvey.co.uk—the lowest-cost party wall surveyors across England & Wales—for clear guidance on crystallising disputes, preparing tight submissions, and navigating Third Surveyor referrals efficiently and proportionately.