The Party Wall etc. Act 1996 looks intimidating at first glance, but compared with many property statutes it’s short, purposeful, and designed to resolve (not inflame) disputes.
One of its most forward-thinking features is the built-in dispute-resolution mechanism: the third surveyor.
Below we unpack what a third surveyor is, when and how they’re selected, what they can decide, and how to use the process to keep your project moving calmly and lawfully.
1) Where do third surveyors come from?
When a “dispute” arises or is deemed to arise under the Act, owners proceed in one of two ways:
- Agreed Surveyor route – both owners concur in appointing a single, impartial surveyor; or
- Two-Surveyor route – each owner appoints their own surveyor.
Under the two-surveyor route, Section 10(1)(b) requires:
“…the two surveyors so appointed shall forthwith select a third surveyor (all of whom are in this section referred to as ‘the three surveyors’).”
Key point: the third surveyor must be selected—there are no “ifs” or “buts”. This ensures there is always an escalation path if the two surveyors hit an impasse.
2) What if the two surveyors won’t (or don’t) select?
The Act anticipates deadlocks. Section 10(8) provides that if either surveyor refuses or neglects to select within 10 days of a formal request, the appointing officer of the local authority (or the Secretary of State in certain circumstances) may select the third surveyor on their behalf. The selected third surveyor then “has the same power and authority” as if selected by the two surveyors.
Why this matters: the process cannot be stalled by inaction—there’s always a statutory way forward.
3) What does a third surveyor actually do?
The third surveyor is not automatically “in play”. They are available on call if:
- either owner asks them to determine a disputed matter, or
- either of the two appointed surveyors refers a dispute to them.
Their jurisdiction mirrors the core powers of an award under Section 10(12). In short, a third surveyor can determine by award:
- (a) the right to execute any work;
- (b) the time and manner of executing the work (i.e., methods, protections, access windows, logistics); and
- (c) any other matter arising out of or incidental to the dispute, including costs.
Practical examples of referrals
- Method disputes (e.g., hand-tools on the party wall; pour windows for foundations; temporary weatherproofing).
- Access terms under Section 8 (routes, duration, protections).
- Security for Expenses quantum and release mechanics (Section 12).
- Fee disputes (reasonableness of time claimed; rate level; duplication of effort).
4) How often are third-surveyor referrals used?
Less often than you might think. Good, pragmatic surveyors will try to avoid them through clear drafting, proportionate protections, and sensible negotiation. When used well, the referral is a focused, technical decision—not a courtroom brawl.
Tip: Before referring, ensure the issue is crisply framed: the narrower the question, the faster and cheaper the outcome.
5) Who pays the third surveyor?
Costs are part of the third surveyor’s jurisdiction. Typically, the losing party to the referred issue pays the third surveyor’s reasonable costs and may also pay some or all of the other side’s additional costs. However, outcomes are case-specific and ultimately determined by the third surveyor in their award.
6) Best practice for owners & surveyors (to avoid a referral)
- Be proportionate: Match protections to actual risk (e.g., lofts vs basements).
- Be clear: Draft awards in plain English with unambiguous timings, access windows, and protection standards.
- Be responsive: Slow responses breed escalation.
- Be evidence-led: Bring drawings, calculations, method statements and programme dates to the table early.
- Be solution-oriented: Offer viable alternatives (e.g., alternative temporary works or access routes) to break deadlocks.
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 |
Our fees are always fixed. We’re nationwide. We’re experienced and RICS-qualified.
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If your matter is edging toward a third-surveyor referral—or you want to structure your award to avoid one—speak to us. We’ll keep the process proportionate, compliant and moving.
Email: team@simplesurvey.co.uk
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FAQ
Q1: Do we have to name the third surveyor in the award?
A: Yes, any two surveyor award, will confirm who the third surveyor is. They will often also contain their contact details for ease of contact. A good party wall surveyor will have advised you of the third surveyor’s name and details long before award stage.
Q2: Can owners contact the third surveyor directly?
A: Either owner or either appointed surveyor may call upon the third surveyor to determine disputed matters. In practice, referrals are usually made via the appointed surveyors with a defined question and supporting evidence.
Q3: Are third-surveyor decisions final?
A: They are binding awards under the Act and can be appealed to the county court within 14 days of service—the same as any award.
Q4: Will a referral delay my programme?
A: It can, which is why referrals should be narrow, well-prepared, and justified. Clear scopes and timely responses help avoid the need.
Q5: Who pays if both sides “win some, lose some”?
A: The third surveyor has discretion to apportion costs fairly and reasonably based on the outcome and conduct of the parties.
Simple Survey — Clear processes. Calm outcomes.
team@simplesurvey.co.uk