Who Pays for the Third Surveyor's Fees in a Party Wall Dispute?
It depends on the award. The third surveyor's fees are usually decided by the award or by the third surveyor, and can be shared or placed on the party at fault. The third surveyor only acts if the two surveyors disagree.
Who the third surveyor is
When two surveyors are appointed, they choose a third surveyor at the start. That person does nothing unless the two disagree on a point in the dispute. Then they decide the matter.
How fees are decided
There is no fixed split. The third surveyor can direct who pays their costs, and the surveyors' award may also address it. Where one side caused the referral through unreasonable conduct, they are more likely to be asked to pay.
| Cost item | Who normally pays | What drives it |
|---|---|---|
| Third surveyor's time | As the award or determination directs | Complexity and length of the referral |
| Site inspection by the third surveyor | As directed | Whether a visit is needed |
| Preparing the determination | As directed | Number and difficulty of points in issue |
| Costs where a party was unreasonable | The unreasonable party, often | Conduct during the dispute |
| Costs of the two surveyors on the referral | As the award directs | Extra correspondence and meetings |
What tends to affect the split
- Whether the disagreement was reasonable on both sides.
- Which party's position was upheld.
- Whether the referral could have been avoided.
- How long the third surveyor had to spend.
How to keep the risk low
Pick surveyors who work well together. Answer requests for information quickly. Where possible, resolve small points by discussion before they become formal referrals.
If you disagree with the decision
An award or determination can be appealed to the county court within 14 days of receipt. Take advice quickly, because the time limit is short.
Most disputes never reach the third surveyor. Where they do, the referral adds time as well as cost, because the third surveyor must read the papers and may visit. That is a further reason to keep disagreements narrow and to record what has already been agreed.
Frequently asked questions
Does every dispute need a third surveyor?
No. Only if the two surveyors cannot agree.
Do agreed-surveyor cases have one?
An agreed surveyor acts alone, so a third is not usually needed.
Can I choose the third surveyor?
The two appointed surveyors select them, not the owners directly.
Related guides
- A Guide to the Third Surveyor in Party Wall Procedures
- Who Pays the Party Wall Surveyor Fees?
- What Happens if the Adjoining Owner Chooses the Most Expensive Surveyor?
- Agreed Surveyor vs Two Surveyors: The Legal Differences
Last updated: . This page is general information about the Party Wall etc. Act 1996 (England and Wales). It is not legal advice. Every property and dispute is different, so take advice from a party wall surveyor or a solicitor before you act.