Section 10 is the engine room of the Party Wall Act. It only “switches on” when an Adjoining Owner dissents to a valid Party Wall Notice (or simply doesn’t respond within 14 days, which the Act treats as a dissent).
From that moment, you’re in the Act’s formal dispute-resolution procedure—neutral, statutory, and designed to keep works moving while protecting both sides.
When does Section 10 apply?
- A Building Owner serves a valid notice (under Sections 1, 2 or 6).
- The Adjoining Owner dissents (or fails to reply within 14 days).
- A “dispute” now exists under the Act, and Section 10 prescribes how it must be resolved.
Agreed Surveyor vs Two Surveyors
Section 10 offers two routes:
Agreed Surveyor
Both owners jointly appoint one impartial surveyor to resolve the dispute and make a Party Wall Award. This is often faster and cheaper—ideal where the works are conventional and relations are good. The Agreed Surveyor must act neutrally for both sides; there is no “third surveyor” safety net in this route.
Two Surveyors
Each owner appoints their own surveyor. Those two surveyors then select a Third Surveyor at the outset. The Third Surveyor is only called upon if the two can’t agree a point or if either owner or either appointed surveyor refers a discrete issue to them.
The Third Surveyor
In the two-surveyor route, the Third Surveyor is selected immediately after the party-appointed surveyors come on board.
They are not routinely involved; they’re a built-in tribunal backstop.
If a technical or procedural stalemate occurs (or one party asks), the matter can be referred to the Third Surveyor to determine—usually on papers, sometimes after a meeting or site view. Their determination is made by award and is binding unless appealed.
When a surveyor won’t engage: Section 10(6) and 10(7)
The Act anticipates the occasional stalled file. If one surveyor refuses to act effectively [s.10(6)] or neglects to act for 10 days after being formally requested to do so in writing [s.10(7)], the other surveyor can proceed ex parte—that is, make an award alone on the narrow subject of the refusal/neglect so the process doesn’t grind to a halt. This keeps projects from being held hostage by inaction while preserving fairness and due process.
The Party Wall Award
The Award is the statutory decision that resolves the dispute. It confirms the Building Owner’s right to do the notifiable works and sets the time and manner in which they must be done—methods, sequencing, protection measures, access arrangements, hours for noisy operations, and so on. It also deals with costs (including surveyors’ reasonable fees) and the framework for making good or compensating any loss or damage caused by the notifiable works. Once served, the Award is binding unless appealed.
Service and appeals: Section 10(14) and the 14-day window
Once an award has been agreed (by the Agreed Surveyor, or by any two of the three surveyors in the two-surveyor route), it must be served forthwith in accordance with Section 10(14).
After service, either owner may appeal to the County Court within 14 days if they contend the award is improper, exceeds jurisdiction, or is otherwise in error (the Act provides a 14-day appeal window).
Appeals shouldn’t be taken lightly—costs can follow—and they focus on law/jurisdiction rather than relitigating preferences.
Practical tips for owners navigating Section 10
- Choose your route wisely. If the works are standard and neighbourly relations are sound, an Agreed Surveyor can be quicker and cheaper. If priorities diverge or the scheme is complex, the two-surveyor route with a Third Surveyor in reserve offers more structure.
- Keep the paperwork tight. Valid notice, timely appointments, and proper service of documents are essential. Defects can derail progress.
- Communicate early. Many flashpoints vanish when owners and surveyors share clear drawings, methodology, and sensible protections from the start.
- Act if things stall. Use the s.10(6)/10(7) mechanisms if a surveyor won’t engage; don’t let avoidable delay balloon programme costs.
Keep costs predictable with Simple Survey
We make Section 10 fast, fair and affordable:
- 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.
Ready to move from dissent to decision?
Email team@simplesurvey.co.uk with your plans and addresses. We’ll confirm the correct statutory route, serve valid notices, and deliver a robust Section 10 Award that protects both properties and keeps your programme on track.
Simple Survey: impartial, efficient, and the most cost-effective party wall surveyors in England and Wales.