When a Party Wall matter becomes stuck, the Third Surveyor is the statutory safety‑valve that gets it moving again. Selected quietly at the very start of the process, this independent professional only steps forward if the two appointed surveyors cannot agree, or if one surveyor neglects to act. Used properly, Third Surveyor referrals are fast, focused and proportionate—resolving a live issue without derailing your programme.
This guide explains, in practical terms, who the Third Surveyor is, when and how they’re engaged, what powers they have, what it costs, and how owners and surveyors can use the mechanism effectively under the Party Wall etc. Act 1996.
1) What exactly is a Third Surveyor?
Under section 10 of the Act, once each owner appoints their surveyor, those two surveyors must select a Third Surveyor. Think of the Third Surveyor as a standing referee: they do nothing unless called upon, but can be asked to decide any matter in dispute between the two surveyors. Their decision takes the form of an Award, just like any other Party Wall Award, and is binding unless appealed to the County Court within 14 days.
Key points to grasp:
- The Third Surveyor is selected at the outset, even if there’s no dispute in sight.
- Either of the two surveyors can make a referral; in limited circumstances an owner can too (for example, where a surveyor neglects to act).
- The Third Surveyor’s jurisdiction mirrors that of the appointed surveyors: they can determine methods, access, protection measures, security for expenses, damage remedies, and fees.
2) When is a Third Surveyor actually used?
Most Party Wall matters never need a Third Surveyor because two pragmatic surveyors can usually agree. Common triggers for an impasse include:
- Security for expenses: whether it’s appropriate and the amount.
- Protection and methodology: temporary works, sequencing, vibration/dust mitigation, temporary weathering, scaffold/licence terms.
- Design changes mid‑project: whether a further award is needed and its content.
- Attribution of damage and quantum: was it caused by the notifiable works and what’s a fair remedy?
- Fees: reasonableness of either surveyor’s time charges, travel, or additional visits.
- Jurisdiction: is a particular item actually within the Act’s scope?
If discussion stalls on any of these, a targeted referral to the Third Surveyor avoids weeks of drift.
3) How a referral works (and how to do it well)
There’s no single mandatory format, but efficiency improves when both surveyors follow a simple protocol:
- Define the point(s) crisply. A short, numbered list of issues is better than a broad narrative.
- Bundle the essentials. Include the relevant notices, drawings/sections, correspondence on the disputed point, and any technical notes (e.g., engineer’s method statement).
- Agree a timetable. Propose sensible dates for written submissions, any site meeting, and a decision window.
- Keep it proportionate. Refer only the issue in dispute, not the whole project, unless the Third Surveyor requests wider context.
- Stay courteous. The aim is clarity, not point‑scoring. Concise submissions help the Third Surveyor decide quickly.
Tip: If the logjam is minor (e.g., one sentence of wording), a joint email to the Third Surveyor with both surveyors’ short preferred drafts often unlocks a same‑day determination.
4) What powers does the Third Surveyor have?
In broad terms, the same powers as the two appointed surveyors. They can:
- Make an Award on any referred matter, including interim or further awards.
- Direct access for inspection where necessary.
- Determine fees, including apportionment between owners.
- Give directions on evidence, timetables and conduct.
- Award compensation or specify making‑good where damage is established.
- Require security for expenses if risk justifies it.
The Third Surveyor is not a court and not an arbitrator in the private sense—but the Award they issue carries statutory force and is enforceable unless set aside on appeal.
5) Who pays—and how much?
The Act’s starting point is that the Building Owner (who benefits from the works) usually pays the reasonable costs of the process. However, the Third Surveyor can apportion costs differently depending on outcome and conduct. Typical patterns:
- If a referral is successful and the referring surveyor’s position is adopted, costs commonly follow that outcome.
- If both sides gain something (or both lost time), costs may be split.
- If one side took an extreme or uncooperative stance, the Third Surveyor can reflect that in a costs order.
Expect Third Surveyor fees to be proportionate to the issue—a short paper decision on a narrow point should not attract the same fee as a complex damage and quantum determination with a site visit.
6) Timelines and process you can plan around
There’s no fixed statutory timetable, but most Third Surveyors aim to keep momentum:
- Referral lodged → short window for submissions (often 7–14 days).
- Optional site meeting → if facts are disputed or context matters.
- Reasoned Award → usually issued promptly after evidence closes.
- Service of Award → 14‑day appeal window under section 10(17).
Good referrals keep projects moving rather than pausing the entire programme.
7) Appeals: when and how
Any Award—whether by the two surveyors or the Third Surveyor—can be appealed to the County Court within 14 days of service. Appeals are for legal or jurisdictional error (or serious procedural unfairness), not to re‑argue the facts. There is no automatic suspension of the Award; a stay must be actively sought if work must pause.
8) Practical guidance for owners
If you’re the Building Owner
- Work with your surveyor to keep referrals tight and evidence‑led.
- Provide engineer’s notes or method statements early to de‑risk arguments about protection or sequencing.
- Be realistic about security for expenses on higher‑risk works (deep excavations, underpinning).
- Remember that a swift Third Surveyor decision is usually cheaper than a festering delay on site.
If you’re the Adjoining Owner
- Keep your concerns specific (e.g., “vibration at the party wall” or “temporary weathering detail”), not general objections.
- Use the referral to set clear conditions rather than to stop lawful works—the Act is about how, not whether, works proceed.
9) Common misconceptions—quick corrections
- “The Third Surveyor replaces the others.”
No— they decide the disputed issue, after which the two surveyors continue administering the matter. - “A referral covers the whole job.”
It should cover only the live point referred unless the Third Surveyor requests wider context. - “Third Surveyor decisions take months.”
Not if the question is narrow and the paperwork is clear. Many are resolved on documents alone. - “Costs always fall on the Building Owner.”
Usually, but not invariably. The Third Surveyor can apportion costs by outcome and conduct.
10) How to avoid needing a Third Surveyor in the first place
- Serve valid notices early with clear drawings/sections.
- Front‑load information: structural notes, method statements, access proposals.
- Be proportionate: don’t demand gold‑plated protections for low‑risk works.
- Draft cleanly: many disputes are drafting problems, not technical ones.
- Pick pragmatic surveyors who understand build reality as well as statute.
11) A short, model roadmap for referrals
- Identify the single live point.
- Exchange one round of reasoned positions between surveyors.
- If no agreement, make a joint or parallel referral to the Third Surveyor.
- Provide a concise bundle and propose a quick timetable.
- Accept the decision; issue or update the Award; move on with the build.
12) Bottom line
The Third Surveyor mechanism exists to keep projects moving. It’s a tool for focused decisions, not a forum for wider disputes. Used sparingly—and prepared well—it gives both owners the clarity they need to proceed safely, lawfully and on programme.
Need help with a Third Surveyor referral—or want to avoid needing one at all?
Email team@simplesurvey.co.uk — England & Wales’ most cost‑effective Party Wall Surveying team with Party Wall Notice fees from £25.00 and Party Wall Award fees capped at £325.00. We will not be beaten on price!