When both owners appoint their own party wall surveyors, the Party Wall etc. Act 1996 requires those two surveyors to select a Third Surveyor. This creates a ready-made route to resolve disagreements so the process doesn’t stall.
Selected vs Appointed: The Key Distinction
- Selected (default status): At the outset, the Third Surveyor is named only. No work is done and no fees arise.
- Appointed (if a dispute is referred): If a dispute later needs an independent decision, the Third Surveyor is formally appointed to determine it.
What Does the Third Surveyor Actually Do?
If everything proceeds smoothly, the Third Surveyor’s name simply appears in the Party Wall Award and they take no further role.
If a dispute arises—between the two surveyors, between the owners, or any combination—the Third Surveyor:
- Receives a referral from one of the parties,
- Reviews submissions from the appointed surveyors/owners,
- Issues a Third Surveyor’s Award deciding the point(s) in dispute, and
- Determines who pays the associated costs.
When Must a Third Surveyor Be in Place?
Every matter with two appointed surveyors must have a Third Surveyor selected “forthwith”. This ensures a built-in mechanism to break deadlock and keep projects moving.
How Is the Third Surveyor Chosen?
- By agreement: Typically, one surveyor proposes a shortlist; the other selects one. Both owners are then notified of the selection and contact details.
- If no agreement: In the rare event of stalemate, the surveyors can ask the local authority appointing officer to select the Third Surveyor. This route is uncommon due to the extra admin and time involved.
Who Pays the Third Surveyor’s Fees?
- No referral = no fee.
- On referral: The Third Surveyor’s Award will state who pays—this could be the Building Owner, Adjoining Owner, or costs may be apportioned. It can also address any reasonable fees incurred by the appointed surveyors in making their submissions.
How Common Are Third Surveyor Referrals?
They’re unusual. Most issues are resolved between the two appointed surveyors without escalation. Referral adds time, cost, and potential neighbourly strain, so it’s generally a last resort.
Need clear, impartial guidance—or a swift review of a potential referral?
Email team@simplesurvey.co.uk. Simple Survey are the lowest-cost party wall surveyors across England & Wales—we’ll help you understand your options, reduce risk, and keep your project on track.