When a Party Wall dispute is triggered under Section 10 of the Party Wall etc. Act 1996, each owner appoints a surveyor—or both agree on a single Agreed Surveyor—to resolve the dispute by issuing a legally binding Party Wall Award. A common question we’re asked is: “Can I swap my surveyor?” Short answer: no—not in the way many people expect. Here’s the practical, lawful position and how to avoid getting stuck with the wrong appointment.
1) You can’t “sack” a Party Wall Surveyor
Once a surveyor is appointed under Section 10, that appointment is statutory, not contractual. The surveyor’s duty is to the Act, not to the appointing owner. That means you cannot unilaterally replace your party-appointed surveyor (or an Agreed Surveyor) because you’re unhappy with pace, views, or style. Allowing owners to switch at will would undermine the independence the Act is designed to preserve.
2) A surveyor can declare themselves incapable of acting
There are limited routes out. An appointed surveyor’s role ends if they die, or declare themselves incapable (e.g., illness, conflict emerging, ceasing to practice). “Incapable” isn’t a feelings-based concept; it’s a genuine inability to continue impartially and diligently. If that happens, a new appointment may be made to carry the process forward.
3) The surveyor must agree to step down
Because the appointment is statutory, only the surveyor can decide they’re incapable (or otherwise unable) to act; an owner can’t force it. Where there are two surveyors, the other party-appointed surveyor and/or the selected Third Surveyor can help keep momentum if one surveyor is dragging their feet. In extreme cases of neglect or refusal to act effectively, Section 10(6)–(7) enables the other surveyor to proceed and make an ex-parte award on discrete points after giving the required written request and time to respond.
4) This is why careful appointment matters
You only get one shot—so choose wisely upfront. Look beyond a friendly quote. You want a practitioner who understands the law and construction, communicates clearly, and keeps things proportionate. Remember: an unresponsive, inexperienced, or overly adversarial surveyor can prolong proceedings, increase costs, and strain neighbour relations.
5) Always choose qualified
The Act’s definition of “surveyor” is notoriously broad. In practice, prioritise:
- RICS-qualified (MRICS/FRICS) with professional indemnity insurance
- Building pathology competence (so they actually understand how your works affect fabric and foundations)
- Measured, impartial style (Awards must be fair, robust, and enforceable)
- Transparent, fixed fees where possible (to control spend and expectations)
What if my surveyor is slow or unresponsive?
- Nudge formally and in writing. Be specific about the outstanding task and give a reasonable timeframe.
- If two surveyors are appointed, your surveyor can invoke Section 10(6)/(7)—request the other surveyor act effectively; if they don’t, proceed ex-parte on the narrow point after the 10-day period.
- If you have an Agreed Surveyor who’s gone missing, you can serve a written request for them to act. If they still neglect to act, their appointment can end, allowing fresh appointment (rare, but there is a mechanism).
- Keep it proportionate. The goal is a lawful, practical Award—not a new dispute about process.
How Simple Survey keeps you out of this bind
We combine legal clarity with building know-how and tidy project management—so you won’t be wishing you could swap surveyors halfway through.
Straightforward, fixed pricing
- Party Wall Notice service: £25 per adjoining ownership (multi-notice bundles discounted)
- Act administration as Agreed Surveyor (single surveyor): typically £300 fixed-fee (depends on complexity and number of notices/owners)
- Two-surveyor route (we act for the Building Owner): fixed-fee proposals from £325 for our side (we work to keep your neighbour’s surveyor’s hourly fees reasonable and contained)
Why clients choose us
- Qualified: RICS-accredited building surveyors with PI cover
- Experienced: basements, lofts, extensions, structural alterations—large and small
- Impartial & efficient: we keep Awards proportionate and defensible
- Communication-first: clear timelines, tidy updates, no drama
Speak with us today
Choose right, first time. Email your drawings to team@simplesurvey.co.uk. We’ll confirm what’s notifiable, serve valid notices, and map a fixed-fee route to Award—so you get a lawful green light without the stress of trying (and failing) to “swap” mid-process.
Simple Survey — RICS expertise, fixed fees, and a smoother path to site.