A Guide to the Third Surveyor in Party Wall Procedures
The third surveyor is a neutral person chosen by the two appointed party wall surveyors to settle any point on which they disagree. They do not act unless there is a disagreement. If a single agreed surveyor is appointed, there is no third surveyor.
When there is a third surveyor
Where each owner appoints their own surveyor, the two must select a third surveyor. This is normally done at the very start, so that the name is written into the appointment. Their role is then on standby.
With one agreed surveyor there is nobody to disagree with, so a third surveyor is not needed.
What they decide
The third surveyor deals only with matters referred to them by either of the two surveyors, or by an owner where the Act allows. Typical matters are the scope of the work, the wording of the award, the reasonableness of a fee, or whether protective measures are needed.
They give a decision, sometimes called an award, which binds the parties unless it is appealed.
How they are picked
The surveyors choose someone with the right experience for the type of work. If the surveyors cannot agree on a name, the Act provides a fallback, and a court may become involved. Owners generally take no part in choosing.
Who pays
The award usually says who bears the third surveyor's fees. It is often shared, or falls on the party whose position was unreasonable. It is not always the building owner. Ask your surveyor how it will be handled.
Practical advice
Referrals add time and cost. Surveyors who work well together seldom need a third. If you are worried, ask your surveyor when they would refer a point and what it might cost, and get that in writing.
Frequently asked questions
Can I choose the third surveyor myself?
No. The two appointed surveyors choose. You can ask questions about their choice.
Can I appeal the third surveyor's decision?
An award can be appealed to the county court within 14 days of receipt. Take advice before doing so.
Is the third surveyor a judge?
No. They are a professional who acts under the Act and decides matters within it.
Source: Party Wall etc. Act 1996 on legislation.gov.uk
Related guides
- Agreed Surveyor vs Two Surveyors: The Legal Differences
- Agreed Surveyor vs Two Separate Surveyors: Cost and Speed Comparison
- Who Pays for the Third Surveyor's Fees in a Party Wall Dispute?
- What is a Party Wall Surveyor?
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.