Agreed Surveyor vs Two Surveyors: The Legal Differences
Under the Party Wall etc. Act, both owners can agree to appoint one surveyor, called an agreed surveyor, or each can appoint their own. Legally, the process and the resulting award are the same. What changes is who you can rely on, how many people are involved and how disagreements are resolved.
The agreed surveyor
One surveyor acts for both owners and owes duties to both. They make the award on their own. It only works if both owners agree, and it should be in writing. There is no third surveyor.
Two surveyors
Each owner appoints a surveyor. The two select a third surveyor who acts only if they disagree. They make the award together, or, if they cannot, refer points to the third surveyor.
Independence
Either way, surveyors act under the Act and must be fair to both owners. An agreed surveyor is no more neutral than an appointed one. An appointed surveyor is not the owner's advocate.
What if one owner will not appoint
If an owner does not appoint within 10 days after being asked in writing, the other owner can appoint on their behalf. If a surveyor neglects to act for 10 days after being asked in writing, the other can proceed alone. That is an ex parte step.
Choosing between them
An agreed surveyor is often simpler and quicker where the owners get on and the work is modest. Two surveyors suit situations where the neighbour wants their own adviser, or trust is low. Fees differ depending on the work, so get written quotes.
Practical trade-offs
Two surveyors means more people to coordinate, and usually more time on the file. One surveyor means one point of contact, but you must be comfortable relying on someone the other side also relies on. If you are not, appoint your own. Ask both candidates for written fee quotes so you can compare like for like.
Frequently asked questions
Can the building owner's surveyor be agreed?
Only if the adjoining owner truly agrees. Do not sign without understanding what you give up.
Can I change from one to two later?
An owner who is unhappy with an agreed surveyor should seek advice. The Act has particular rules on appointments.
Does the neighbour pay for their surveyor?
Usually the building owner pays reasonable fees where the work is for their benefit. The award says so.
Is the award different with an agreed surveyor?
The legal effect is the same. The difference is in who prepares it and how disagreements are handled.
Source: Party Wall etc. Act 1996 on legislation.gov.uk
Related guides
- Agreed Surveyor vs Two Separate Surveyors: Cost and Speed Comparison
- A Guide to the Third Surveyor in Party Wall Procedures
- Step-by-Step Guide to Appointing a Party Wall Surveyor
- What is an Ex-Parte Party Wall Award and When is it Used?
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.