Party Wall Act Section 10 Explained: How Party Wall Disputes Are Resolved

Section 10 of the Party Wall etc. Act 1996 is the part of the Act that deals with resolving disputes between Building Owners and Adjoining Owners. It sets out how Party Wall Surveyors are appointed, the options for using an Agreed Surveyor or separate surveyors, the role of the Third Surveyor and how a Party Wall Award can be made.

What Does Section 10 of the Party Wall Act Do?

Section 10 does not decide whether proposed building work is notifiable in the first place. That depends on the relevant provisions of the Party Wall etc. Act 1996 and the particular work being carried out.

Instead, Section 10 provides the dispute-resolution procedure once a dispute has arisen or is deemed to have arisen in connection with work governed by the Act.

This distinction matters. A Building Owner may first need to serve an appropriate Party Wall Notice. If the relevant owners cannot agree and a dispute arises, Section 10 provides a route for the appointed surveyor or surveyors to resolve the Party Wall matters in dispute.

The Two Section 10 Surveyor Appointment Routes

The Act provides two principal ways of appointing surveyors once its dispute-resolution procedure applies.

Agreed Surveyor

Both owners may concur in the appointment of one surveyor. That person acts as the Agreed Surveyor and deals impartially with the matters in dispute.

Separate Surveyors

Each owner may appoint their own surveyor. The two appointed surveyors then select a Third Surveyor, who is available if an appropriate matter needs to be referred for determination.

Are Section 10 Appointments Made in Writing?

Yes. Section 10 requires appointments and selections made under the procedure to be in writing.

A properly made appointment is also not something an owner can simply cancel because they later disagree with the surveyor or would prefer somebody else. The Act contains specific procedures for circumstances in which an appointed surveyor refuses, neglects or becomes unable to act.

This is one reason owners should take care when choosing a Party Wall Surveyor and understand the appointment before it is made.

What If an Owner Refuses to Appoint a Surveyor?

Section 10 also prevents the procedure being brought indefinitely to a halt simply because one party refuses to make a surveyor appointment.

Under Section 10(4), where the separate-surveyor procedure applies and a party refuses to appoint, or neglects to appoint for a period of ten days beginning with the day on which the other party serves a request, the other party may make an appointment on their behalf.

This should not be confused with the initial response period following service of a Party Wall Notice. They are different stages of the process.

What Is the Third Surveyor's Role?

When each owner appoints a separate surveyor, the two appointed surveyors select a Third Surveyor. Selection of a Third Surveyor is part of the two-surveyor procedure; it does not mean that the Third Surveyor will necessarily need to become actively involved.

Many matters are resolved by the two appointed surveyors themselves. Where an appropriate issue cannot be agreed, or a valid referral is made under the Act, the Third Surveyor can determine the matter referred to them.

What Can a Party Wall Award Deal With?

The surveyor or surveyors appointed under the Act can resolve the matters within their statutory jurisdiction by making a Party Wall Award.

Depending on the dispute and the work, an Award may deal with matters such as:

• the right to carry out work governed by the Act;
• the time and manner in which relevant work is to be undertaken;
• protective or practical requirements connected with the notified work;
• matters arising out of or incidental to the dispute; and
• reasonable costs falling within the surveyors' jurisdiction under the Act.

An Award should remain within the scope of the Party Wall legislation and the matters properly arising from the dispute. It is not a general mechanism for deciding every disagreement between neighbours.

Who Pays the Surveyors' Costs Under Section 10?

There is no useful rule that every Party Wall matter will produce exactly the same fee outcome.

Section 10 provides for reasonable costs connected with making or obtaining an Award, relevant inspections and other matters arising out of the dispute to be determined by the surveyor or surveyors in accordance with the Act.

The circumstances of the works and the dispute therefore matter. Owners should avoid assuming that every cost will automatically fall to one party without the facts being considered.

Can You Appeal a Party Wall Award?

Yes. A Party Wall Award is binding unless it is successfully challenged through the statutory appeal procedure.

Section 10 provides a short period of 14 days from service of the Award in which an appeal may be made to the County Court.

Anyone considering challenging an Award should obtain appropriate legal advice promptly. Missing the statutory appeal period can have serious consequences, and a Party Wall Surveyor does not replace a solicitor for legal advice about court proceedings.

Does Section 10 Mean You Automatically Need a Party Wall Award?

No. Section 10 is a dispute-resolution mechanism, not a requirement that every project must have an Award.

Where a valid notice is served and the Adjoining Owner gives written consent to the notified work, the formal dispute-resolution procedure may not be required. Where a dispute arises or is deemed to arise, however, the Section 10 surveyor procedure becomes important.

Section 10 and Party Wall Disputes in London

London projects can become procedurally complicated where there are several Adjoining Owners, leasehold and freehold interests, excavation works, structural alterations or tight construction programmes.

Getting the appointment procedure right at the outset can help avoid additional delay and disagreement later in the process.

Hourican Associates provides Party Wall dispute-resolution services for Building Owners and Adjoining Owners across London.