If you’ve served Party Wall Notices on your neighbour and they’ve dissented, appointing their own surveyor, a third surveyor will be chosen by the two appointed surveyors to resolve any deadlock. But what exactly does the third surveyor do? Here’s a breakdown of their role and when they’re needed.
Key Points:
- The third surveyor resolves disputes and ensures compliance with the Party Wall Act 1996.
- Required when neighbours appoint separate surveyors; not needed if both parties use an agreed surveyor.
- They act impartially and resolve disagreements.
- The third surveyor is selected by the two appointed surveyors.
- No specific qualifications are required by law, but experience is crucial.
- The party referring the matter pays for the third surveyor’s fees.
What Is the Role of the Third Surveyor?
A third surveyor is involved when two appointed surveyors cannot agree on a decision. They act impartially, ensuring that all matters comply with the Party Wall etc. Act 1996. Their role is typically to resolve any disputes that cannot be settled between the two original surveyors, ensuring a fair outcome for both parties.
Is a Third Surveyor Always Needed?
Not necessarily. If both parties agree on a single surveyor, there’s no need for a third party. However, if the neighbours appoint separate surveyors, a third surveyor may be needed. Although their involvement is rare, having a third surveyor on standby can help break a deadlock if there’s a major disagreement.
Who Can Be a Third Surveyor, and What Qualifications Are Required?
The third surveyor is selected by the two appointed surveyors before any work begins. While the Party Wall Act doesn’t specify qualifications, it’s crucial that the third surveyor has substantial experience in Party Wall matters. At Harrison Clarke, we always recommend a third surveyor with practical expertise and a deep understanding of the Act.
How Is the Third Surveyor Selected?
Typically, each appointed surveyor proposes candidates, and the two of them agree on one. If they can’t agree, the local authority has the power to appoint the third surveyor.
Who Pays for the Third Surveyor’s Fees?
The party who refers the dispute to the third surveyor is responsible for their fees. However, the third surveyor can decide to allocate the cost to the party they find against. It’s important to remember that requesting a third surveyor’s input carries a financial risk for both parties.
Fees can often be paid in advance, with a deposit or equal contributions from both parties to cover the anticipated costs.
Minimise Third Surveyor Involvement
While the involvement of a third surveyor is rare, experienced Party Wall surveyors can help reduce the likelihood of needing one by taking a practical and sensible approach. If you need advice or assistance with a Party Wall dispute, contact Simple Survey to get expert support throughout the process.