What a third surveyor does
A third surveyor settles the points the two party wall surveyors cannot agree. Under Section 10 of the Party Wall etc. Act 1996, either owner or either surveyor can call on the third surveyor to decide the disputed points, and the third surveyor then makes the award. The Act lets an award be made by any two of the three surveyors, so when the third surveyor sides with one of the others, those two settle the matter.
The third surveyor does nothing until they are called on. Often the two surveyors agree between themselves, and the third surveyor is never needed.
When there is no third surveyor
| How the dispute is handled | Who makes the award | Third surveyor? |
|---|---|---|
| One agreed surveyor | That surveyor, acting impartially for both owners | None. If the agreed surveyor cannot or will not act, the appointments start again. |
| Two surveyors, one chosen by each owner | The two surveyors together | One is chosen by the two surveyors at the start, and called on only if they disagree. |
| A neighbour who will not appoint | The building owner appoints a surveyor for them, after a written request and ten days. The two surveyors then make the award together. | As above. |
How a third surveyor is chosen
The two surveyors choose the third. The Act says they must select one at the outset, so in practice it is usually done early, before there is anything to disagree about. The owners do not pick the third surveyor themselves, although they can ask their own surveyor to suggest names.
If a surveyor refuses, or neglects to choose a third surveyor for ten days after being asked, the Act provides a back-up. The local authority’s appointing officer can select one, on the request of the other surveyor. If a third surveyor dies, cannot act or will not act, the two surveyors choose a replacement.
Everyone acting under Section 10 must be independent. The Act defines a surveyor as a person who is not a party to the matter, appointed or selected under Section 10 to settle disputes. Appointments must be made in writing, and an owner cannot withdraw an appointment once it is made.
What a third surveyor costs
The third surveyor charges for their time, and the award says who pays. As with the other costs of an award, the building owner normally pays, unless the surveyors decide otherwise. A third surveyor’s fee depends on how long the dispute takes, so it cannot be fixed in advance. Our fixed fees do not include it, and your quotation says so.
One advantage of an agreed surveyor is that there is no third surveyor to pay.
From dissent to award, step by step
- The building owner serves a notice, and the neighbour dissents or does not reply within 14 days. A dispute now exists.
- The owners agree one surveyor, or each appoints their own.
- If there are two surveyors, they select a third surveyor.
- The surveyor or surveyors inspect, record the neighbouring property in a schedule of condition and prepare the award.
- If two surveyors cannot agree a point, either owner or either surveyor can refer it to the third surveyor, who decides it.
- The award is served on both owners. It says who pays the costs.
- Either owner can appeal to the county court within 14 days of being served.
Appealing an award
An award is final unless it is appealed. Either owner can appeal to the county court within 14 days of being served with it. The court can set the award aside or change it, and can make an order about costs. The time limit is short, so take advice from a solicitor straight away if you are thinking of appealing.
If you are the neighbour
You have the right to appoint your own surveyor, and the building owner normally pays their reasonable fees. If you would rather not, you can share one agreed surveyor, who must act fairly for both of you. Either way, call us before you reply to a notice, because the choices you make in your first 14 days matter.
Our fixed fees
We prepare and serve party wall notices for £70, with no VAT, and we can act as the agreed surveyor for both owners. See party wall surveyor costs. Call us on 0800 999 1947 for a free first conversation.
Third surveyor questions
Can I choose the third surveyor myself?
Not on your own. The two surveyors select the third together. You can ask your surveyor to suggest names. If the surveyors cannot agree, the Act lets the local authority’s appointing officer make the selection.
Is the third surveyor’s decision final?
It is binding as part of the award, unless the award is appealed to the county court within 14 days of being served with it.
Who pays for the third surveyor?
The award says. Normally the building owner pays, as with the other reasonable costs of the award, unless the surveyors decide otherwise. Our fixed fees do not include a third surveyor’s fee, and the quotation says so.
Do I need a third surveyor if my neighbour agrees to the work?
No. If your neighbour consents in writing to a valid notice, there is no dispute and no award, so no surveyors are needed under the Act. If the owners share one agreed surveyor, there is no third surveyor either.
What if the two surveyors cannot agree who the third surveyor should be?
If a surveyor refuses, or has not chosen for ten days after being asked, the local authority’s appointing officer can select one on the other surveyor’s request.
Can the third surveyor overrule the other two?
They decide the points the other two cannot agree. An award can be made by any two of the three surveyors, so if the third surveyor sides with one of the others, those two settle the matter.