When your surveyors disagree, a third surveyor settles the point

Two surveyors who cannot agree face each other while a third surveyor with a tablet steps in between to decide

For owners in England and Wales whose surveyors are working under the Party Wall etc. Act 1996. Compare quotes from party wall surveyors who act as third surveyor and decide what the two appointed surveyors can’t.

Where each owner has their own party wall surveyor, the Party Wall etc. Act 1996 expects the two surveyors to choose a third surveyor, who steps in only if they cannot agree. The third surveyor is impartial and doesn’t act for either owner. A referral might be about the method of work, working hours, how much protection the neighbour’s home needs, or who should pay fees or the cost of damage. Once a point is referred, the third surveyor considers what each surveyor says, may inspect the property and records a decision in a party wall award on that point. The owners don’t choose the third surveyor directly.

How a professional can help

Settling a disagreement: When the two surveyors reach a deadlock, a referral to the third surveyor avoids a stalemate that would otherwise hold up the work. Each surveyor puts their view, and the third surveyor decides.
Decisions on technical points: Typical referrals concern how work should be done, such as temporary support, excavation sequence, monitoring or working hours, where the third surveyor’s experience can settle what is reasonable for both owners.
Deciding on costs: Where surveyors can’t agree on fees, or on who pays the cost of a referral or of making good damage, the third surveyor can decide, usually giving reasons so both owners can see why.
Looking only at what is referred: The third surveyor considers only the matter referred. They read each surveyor’s written case, may visit the property or ask for drawings, and then give a reasoned decision.
Making the decision stick: The third surveyor’s decision is made in a party wall award on that point and served on both owners. As with any party wall award, an owner who disagrees can appeal to the county court within a set time.
Picking someone suitable early: The two surveyors often name the third surveyor when they are first appointed, choosing someone with relevant experience and no connection to either owner, so a referral can be made without delay.

Is this right for you?

Your surveyor and the neighbour’s surveyor can’t agree on a point in the party wall award.
A dispute over surveyors’ fees or the cost of damage is holding things up.
You want to understand how disagreements between surveyors are resolved before you appoint your own.
The work is large or contentious and both owners want reassurance that there is a fair route if things go wrong.
You’ve been told a point has been referred to a third surveyor and want to know what happens next.

How the project usually runs

The two surveyors can’t agree: A point arises, such as how deep to dig or what protection is needed, and after discussion the two surveyors still disagree. One records the matter in writing.
Referral in writing: A written referral sets out the matter, each surveyor’s position and the relevant documents, such as drawings and the schedule of condition.
The third surveyor considers the point: The third surveyor reads both cases, may ask questions or visit the site, and weighs what is reasonable for the work and for the neighbour’s property.
A decision is made: The third surveyor decides the point, usually with reasons, and may also decide who pays the costs of the referral. The decision is made in a party wall award on that point, served on both owners.
Work continues: The two surveyors build the decision into the main party wall award so that work can start. An owner who disagrees can appeal to the county court within a set time.

What affects the cost

How many points are referred, and how complex each one is, such as a technical dispute compared with a question of costs.
Whether the third surveyor needs to visit the site, or can decide from papers and drawings.
How much written evidence each surveyor submits, including drawings, calculations and photographs.
Whether the referral is urgent because building work is waiting.
Who bears the third surveyor’s fee, which is decided as part of the third surveyor’s decision.
Whether the disagreement can be resolved between the surveyors first, which avoids a referral.

Where the third surveyor fits in the Act

Third surveyors are part of the Party Wall etc. Act 1996, which covers England and Wales. Scotland and Northern Ireland have different rules, and a professional will tell you how neighbour disputes are settled there.
A third surveyor only comes in when each owner has their own surveyor and those two can’t agree.
The third surveyor decides the point referred, not the whole project, and doesn’t replace planning or Building Regulations decisions.
The decision can be appealed to the county court within 14 days of it being served, like any party wall award.

Questions people ask

Who chooses the third surveyor?

The two appointed surveyors choose the third surveyor between them, not the owners. They look for someone impartial with relevant experience, and the choice is often made when they are first appointed. If you have a worry about the choice, raise it with your own surveyor.

Does a third surveyor act for me or my neighbour?

Neither. The third surveyor is impartial and decides the point referred based on what is reasonable under the Act. They don’t take instructions from either owner and are not there to negotiate. Both owners receive the decision.

Does every party wall job have a third surveyor?

No. A third surveyor is only called on where each owner has their own surveyor and the two can’t agree on a point. If one agreed surveyor deals with the matter, or the neighbour consents to the notice, no third surveyor is involved.

Who pays the third surveyor’s fees?

The third surveyor decides how the costs of the referral are shared, as part of their decision. In general the building owner pays the reasonable surveyors’ fees, but the decision on a referred point sets out who bears the cost of that referral.

Is a third surveyor the same as going to court?

No. A third surveyor settles a technical or practical point between the two surveyors, usually with less formality than a court. Their decision is part of a party wall award, and the county court is still there for an appeal if an owner thinks it is wrong.

Available across the UK

Party wall surveyors cover the whole of the UK. The Party Wall etc. Act 1996 applies in England and Wales; Scotland and Northern Ireland have different rules, and a professional can tell you what applies to your property.