Short answer: anyone who isn’t one of the owners involved can be appointed as a “surveyor” under Section 10 of the Party Wall etc. Act 1996.
Practical answer: you’ll want someone competent, impartial and insured—because poor advice costs far more than a fair fee.
The Act’s definition is intentionally broad:
A “surveyor” means any person, not being a party to the matter, appointed or selected under section 10 to determine disputes in accordance with the procedures set out in this Act.
That openness is useful for access and speed—but it also means quality varies widely. Here’s how to select with confidence.
A fast checklist for choosing your surveyor
1) Proven competence (not just a job title)
Look for real experience with party wall procedures, drafting Awards, managing multi-owner/freeholder/leaseholder scenarios and Section 6 excavations. Ask how many cases they’ve completed in the last 12 months and what proportion reached agreement without third-surveyor referral.
2) Relevant qualifications
While the Act doesn’t require qualifications, you’re safer with professionals from surveying, building surveying, structural/architectural backgrounds. Bonus if they demonstrate CPD specifically on the Party Wall Act and recent case law.
3) Professional memberships
Memberships aren’t mandatory, but they signal standards and complaints/ethics frameworks (e.g., RICS, CIOB, or other recognised bodies). Members are typically required to follow codes of conduct and keep skills current.
4) Mastery of the legislation
Your surveyor should be fluent in Sections 1, 2 and 6 (notice triggers and timings), Section 8 (access), Section 10 (dispute resolution), Section 11 (costs), Section 12 (security for expenses), and key case law. Ask practical questions:
- When are drawings mandatory with notices?
- How is a deemed dispute triggered?
- When and how can owners engage a third surveyor?
5) Impartiality
Under the Act, surveyors must act independently. A good test: ask how they manage conflicts and what they do when their appointing owner’s preference conflicts with the Act.
6) Professional indemnity (PI) insurance
Essential. Confirm cover is current and appropriate for the complexity/values involved. RICS and CIOB require PI for members; many non-members carry it too—always check.
7) Clear, written scope and transparent fees
You need to know what’s included, what isn’t, and how extras are priced. Avoid vague, open-ended commitments for routine matters.
8) Track record for communication and delivery
Request 2–3 recent client references (owners or construction professionals). You’re looking for responsiveness, clarity and pragmatism—not just technical accuracy.
What can go wrong with the wrong surveyor?
- Invalid notices that reset statutory clocks and delay projects
- Over-engineered or under-baked Awards that either choke progress or fail to control risk
- Escalation by default—avoidable referrals to a third surveyor (time and cost)
- Poor handling of access or logistics, leading to site standstill and neighbour flashpoints
- Uninsured advice, leaving you exposed if things go sideways
Simple Survey: built for reliable outcomes at the lowest total cost
Transparent, fixed pricing (no creeping extras):
- 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 adjoining owner’s surveyor often bills hourly; we keep those costs reasonable and contained.)
- Complex works (deep excavations, multi-owner blocks): we still offer fixed pricing as above.
- No surprises. You’ll know the number before we start.
What you get with us:
- Specialists who work with the Act all day, every day
- Statutorily correct notices and robust, proportionate Awards
- Calm, impartial problem-solving that keeps projects moving
- National coverage across England & Wales
FAQs
Is “Party Wall Surveyor” a protected title?
No. That’s why selection matters. Prioritise demonstrable experience, impartiality and PI insurance.
Can my architect or engineer act as the surveyor?
Yes—if they’re not one of the owners and can act impartially. Ensure they’re fully conversant with the Act and are properly insured for this role.
Do I need a surveyor if my neighbour is happy to consent?
Not always—but consent doesn’t waive the Act’s protections if a later dispute arises. Many owners still prefer professional guidance to avoid invalid paperwork or timing mistakes.
Who pays the fees?
In most cases, the owner carrying out the works pays the reasonable costs of administering procedures under the Act. Fees must be proportionate to scope and complexity.
When should I appoint?
Early. Getting notices, timings and roles right at the outset saves weeks later.
Bottom line
The Act lets almost anyone (who isn’t an owner in the matter) act as a surveyor—but you decide whether that person is qualified, impartial and insured. Choose on competence and clarity, not just cost.
Keep control of risk, time and budget—choose Simple Survey.
Email: team@simplesurvey.co.uk for a fast, fixed-fee proposal.