You’ve got two surveyors appointed, an ongoing dispute, and a third surveyor already selected under Section 10 of the Party Wall etc. Act 1996—yet nothing comes back when you make a referral. Now what?
Good news: the Act anticipated this exact snag. Below is a practical, step-by-step route to get traction quickly, protect your paper trail, and keep the project moving.
First: confirm you’ve actually made a valid referral
A surprising number of “non-responses” trace back to shaky admin. Before escalating, make sure you have:
- Correct third surveyor details
Confirm the spelling of the name, current practice address, and preferred email. Senior surveyors retire more often than you think. - A clear, self-contained referral
Keep the issue tight: identify the dispute you want determined, attach the key drawings/specs/correspondence, and state exactly what decision you’re seeking. - Proper service with evidence
Serve to the third surveyor and copy both appointed surveyors. Use recorded post or courier plus email. Keep proof of posting and delivery/receipt. - A fair response window
Seven to ten working days is typical for initial acknowledgement; longer may be sensible for complex matters. State your deadline in the covering letter.
If silence continues: use the Act’s safety valves
1) Nudge, then set a final deadline
Send a courteous chaser noting the original date of service and asking for confirmation of availability. If you still get nothing, issue a short, final deadline (e.g., 5 working days) and flag your intended next step under the Act.
2) Replace the third surveyor under Section 10(9)
If the third surveyor refuses or neglects to act, the two appointed surveyors may select another third surveyor. You don’t need a court order to do this—just a clean paper trail showing neglect (your served referral, reminders, and reasonable waiting periods). Make the re-selection “forthwith” and notify the owners.
3) Understand when Section 10(8) applies (and when it doesn’t)
Section 10(8) (appointing officer/Secretary of State) is for when the two surveyors fail to select a third in the first place. If you already have a selected third who’s gone quiet, use 10(9) to replace, not 10(8).
4) Keep the dispute narrow
Whether you stick with the original third surveyor (who finally replies) or replace them, a laser-focused question gets a faster award and lower fees. Avoid sprawling submissions and “see attached” bundles without a short issues list.
Payment quirks to expect
- Up-front fees: Third surveyors often request payment on account from both owners before reading in. That’s allowed and common.
- Final allocation: Their award will usually say who ultimately bears those costs (often the party that doesn’t succeed on the point).
- Non-payment tactic: If one side withholds its half, the other can still pay to avoid delay, then recover via the award.
FAQs
How long must we wait before saying the third has “neglected to act”?
There’s no fixed number of days in the Act. Document service, allow a reasonable period (commonly 10–15 working days for acknowledgement), send one reminder, then proceed under s.10(9).
Can an owner contact the third surveyor directly?
Yes—Section 10(11) allows either owner to call in the third surveyor. In practice, keep your appointed surveyor in copy and channel formal submissions through them to maintain order and a single record.
What if the third surveyor only responds to request a large payment on account?
That’s normal. If liquidity is tight, ask for staged funding aligned to the issues timetable. Ultimately, the award will say who pays.
We never got around to selecting a third surveyor and now we have a dispute.
Use Section 10(8): if the two surveyors can’t agree a third within 10 days of a request, apply to the appointing officer (usually the local authority’s head of Building Control) to make the selection.
Can we recover costs caused by the delay?
The third surveyor can deal with reasonable costs connected to the dispute. Keep your time/cost record tidy and proportionate.
Transparent, 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, depending on complexity and number of notices/owners.
- Two-surveyor route (we act for the building owner): fixed-fee proposals from £325 for our side. (The other surveyor often bills hourly; we work to keep those costs reasonable and contained.)
- Complex works (deep excavations, multi-owner blocks): we’ll still offer the fixed pricing above.
- No surprises, no creeping extras. You’ll know the number before we start.
Bottom line
A silent third surveyor doesn’t mean a stalled project. Validate your referral, document reasonable chasers, then use Section 10(9) to replace and move forward—fast, tidy, and by the book.
Need a rapid, compliant route past an unresponsive third surveyor?
We’ll handle the paper trail, advise on timing, and secure a decisive award with minimal drift.
Email: team@simplesurvey.co.uk
Simple Survey — calm heads, clear paperwork, quick resolutions.