Unsure who the “third surveyor” is, what they do, and who pays?
Here’s the clear, practical guide you’ve been looking for—grounded in the Party Wall etc. Act 1996 and real-world practice.
1) When does a third surveyor exist?
A third surveyor is always in place on every two-surveyor appointment. If the Adjoining Owner dissents to a notice and each side appoints their own surveyor, those two surveyors must jointly select a third surveyor at the outset of their appointments. That selection sits quietly in the background unless needed.
Think of the third surveyor as a built-in tie-breaker—there by design, even if never used.
2) Selected, not appointed
Language matters. The third surveyor is selected (not appointed) by the two surveyors. You don’t sign a separate appointment letter with them and they don’t get involved unless formally called upon.
3) Only called on if there’s a live dispute
The third surveyor is only engaged if a dispute arises that the two surveyors (or the owners) cannot resolve—for example:
- Disagreement over the scope or method of the works.
- Dispute about access terms or protections.
- A row about fees or reasonableness of time claimed.
- A challenge to damage causation or quantum.
If the two surveyors reach agreement, the third surveyor remains in the background and never acts.
4) How a third surveyor resolves the dispute
The two surveyors (or an owner, if allowed by the third surveyor) make a formal referral setting out:
- The question(s) in dispute.
- The relevant drawings, method statements, and correspondence.
- Any evidence (e.g., schedules, expert inputs) relied upon.
The third surveyor then determines the matter—often by issuing a Third Surveyor’s Award—which becomes binding unless appealed within the statutory period.
Good practice when referring:
- Keep the question tight and well-framed.
- Submit clean, indexed bundles.
- Offer short, reasoned submissions; avoid rhetoric.
5) Who pays? (Costs follow the outcome)
As a rule of thumb, the losing party typically pays the third surveyor’s reasonable fees and any reasonable, referral-specific costs of the other side.
However, the third surveyor has discretion: they may apportion costs differently, especially if both parties contributed to the impasse.
6) Who are third surveyors?
They’re usually senior, well-known practitioners—frequently RICS chartered building surveyors—with robust Party Wall experience. Expect strong procedural discipline, clear written reasoning, and limited patience for unfocused or speculative referrals.
7) What if the third surveyor doesn’t respond?
It happens: illness, retirement, workload, or unavailability. If a selected third surveyor does not engage on referral, the two surveyors should select a new third surveyor so the dispute can be determined without delay.
8) Are referrals common?
They’re rare. Most competent surveyor pairs resolve issues collaboratively. Third-party determination is the exception, not the norm.
9) How good surveyors avoid third-party referrals
- Narrow the issue: identify the exact point of disagreement.
- Share working drafts: agree drawings/method statements early.
- Use specialists sensibly: checking engineers for complex risk.
- Document reasonableness: timelines, responses, and concessions.
- Keep tone professional: this is dispute resolution, not combat.
10) Before you pull the trigger—know the risks
A referral is a mini-litigation step: it costs money, takes time, and the outcome is uncertain. Before referring:
- Confirm the question you want answered—precisely.
- Understand the best/worst-case outcomes and cost exposure.
- Try one last without-prejudice attempt to settle.
- Ensure your evidence is complete (drawings, emails, logs, expert notes).
- Get client instructions in writing on cost risk.
Practical FAQ
Can owners write to the third surveyor directly?
Usually referrals run via the two surveyors. Some third surveyors allow owner submissions; if so, it will be controlled and limited.
Can a third surveyor decide fees?
Yes—fees are a common referral where reasonableness is in issue.
Is a hearing required?
Not always. Many referrals are decided “on the papers”. The third surveyor decides the process.
Simple Survey – fixed fees, clear outcomes (nationwide)
Our simple, transparent pricing:
- 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 & 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.
Why choose Simple Survey
- Fixed fees—budget with confidence
- Nationwide coverage
- RICS-qualified building surveyors
- Calm, impartial administration designed to avoid unnecessary third-party referrals—and handle them expertly if they arise
Talk to a senior surveyor today
Email your drawings (if available) and a short summary of your party wall position to team@simplesurvey.co.uk
We’ll map your options, set expectations on time, cost and risk, and give you a fixed-fee plan to move forward—without drama.
Simple Survey — clear process, fair costs, expert guidance.