Richard Hourican |
A Party Wall Third Surveyor is an impartial decision-maker selected when a Building Owner and an Adjoining Owner have appointed separate surveyors under the Party Wall etc. Act 1996.
The Third Surveyor does not normally manage the project from the beginning. Their role is to remain available if a matter cannot be resolved by the two appointed surveyors, or if an owner or appointed surveyor makes an appropriate referral.
For London homeowners, the phrase “Third Surveyor” can sound as though a dispute has escalated into formal litigation. That is not necessarily the case. The Third Surveyor is part of the dispute-resolution structure already built into the Party Wall Act and may provide a practical route to obtaining a binding decision without starting ordinary court proceedings.
This guide explains how the Third Surveyor is selected, when they may be called in, what they can decide, who may pay their fees and how their role differs from an Agreed Surveyor.
Quick Answer: What Does a Party Wall Third Surveyor Do?
Where both owners appoint separate Party Wall Surveyors, those two surveyors select a Third Surveyor. The Third Surveyor is then available to determine matters arising under the Party Wall process if the appointed surveyors cannot agree or if an owner or surveyor calls upon them.
Depending on the issue referred, the Third Surveyor may consider drawings, notices, structural information, correspondence, photographs, fee records, site conditions and submissions from the appointed surveyors. They may then make an Award or determination dealing with the matter referred.
If you are already facing an unresolved Party Wall issue, Hourican Associates provide specialist Party Wall Dispute Resolution services across London.
How Is a Third Surveyor Selected?
The Third Surveyor forms part of the two-surveyor appointment route under Section 10 of the Party Wall etc. Act 1996.
The usual structure is:
- The Building Owner appoints a Party Wall Surveyor.
- The Adjoining Owner appoints a different Party Wall Surveyor.
- The two appointed surveyors select a Third Surveyor.
- The appointed surveyors attempt to resolve the issues and agree a Party Wall Award.
- The Third Surveyor remains available if a suitable matter needs independent determination.
Selection does not necessarily mean the Third Surveyor will become actively involved. Many matters are concluded entirely by the two appointed surveyors, with the selected Third Surveyor never needing to make a decision.
When Is a Third Surveyor Called In?
The most common reason is that the Building Owner’s Surveyor and Adjoining Owner’s Surveyor cannot agree on an issue arising under the Party Wall process.
Possible areas of disagreement include:
- the wording or scope of the proposed Party Wall Award;
- whether particular protective measures are reasonably necessary;
- the method or sequence of notifiable works;
- temporary works, underpinning or excavation safeguards;
- access required for works or inspections under the Act;
- whether alleged damage is connected with the notifiable works;
- the appropriate method of making good or compensation;
- whether a supplementary Award is required;
- the reasonableness and allocation of surveyor fees.
The Third Surveyor should not be treated as a general complaints service or as someone who can determine every disagreement between neighbours. The matter referred should arise within the Party Wall Act’s dispute-resolution jurisdiction.
Who Can Call Upon the Third Surveyor?
The government’s explanatory guidance states that the Third Surveyor may be called upon if the two appointed surveyors cannot agree, or if either owner or either appointed surveyor calls upon the Third Surveyor to make an Award.
In practice, a referral should be prepared carefully. It should identify:
- the owners and properties involved;
- the surveyor appointments;
- the Third Surveyor selected;
- the precise issue requiring determination;
- the relevant notices and existing Awards;
- the facts or documents relied upon;
- the decision being requested.
A vague referral can increase cost and delay because the Third Surveyor may first need to establish exactly what is being asked and whether the issue falls within their authority.
Third Surveyor vs Agreed Surveyor
A Third Surveyor and an Agreed Surveyor are not interchangeable terms.
| Issue | Agreed Surveyor | Third Surveyor |
|---|---|---|
| Appointment structure | One surveyor jointly appointed by both owners | Selected after each owner appoints a separate surveyor |
| Main role | Administers the dispute and prepares the Award | Determines matters referred when independent intervention is required |
| Routine involvement | Actively manages the matter | May remain inactive unless called upon |
| Number of surveyors | One | Three within the appointment structure |
| Typical use | Neighbourly or comparatively straightforward matters | Separate appointments involving an unresolved issue |
Read more about using one impartial Agreed Party Wall Surveyor where both owners are comfortable with a joint appointment.
Is the Third Surveyor on Anyone’s Side?
No. A Third Surveyor is not an advocate for the Building Owner, the Adjoining Owner or either appointed surveyor.
Surveyors appointed or selected under the Act must act impartially. Their purpose is to resolve relevant matters fairly and practically, taking account of the rights and responsibilities of both owners.
This remains the position even if one owner initiated the referral or is initially asked to pay money on account of the Third Surveyor’s fees.
What Information Might the Third Surveyor Review?
The documents required will depend on the dispute, but may include:
- the original Party Wall Notice and proof of service;
- written surveyor appointments;
- architectural and structural drawings;
- engineer’s calculations and temporary works information;
- method statements and construction sequences;
- the Schedule of Condition;
- draft or previously served Party Wall Awards;
- inspection photographs and monitoring information;
- correspondence between the appointed surveyors;
- invoices, time records and fee submissions;
- written submissions from the owners or surveyors.
Valid notices and a well-prepared condition record can make later decisions easier. Hourican Associates provide Party Wall Notices in London and Schedule of Condition Surveys for residential and commercial projects.
What Can a Third Surveyor Decide?
The Third Surveyor’s decision should deal with the matter properly referred under the Act. Depending on the circumstances, this could concern:
- how the notifiable work should be carried out;
- which safeguards should be included in an Award;
- how an issue concerning damage should be addressed;
- whether further inspection or information is reasonably required;
- whether additional Award provisions are appropriate;
- the reasonableness or allocation of relevant costs.
The Third Surveyor is not normally determining planning permission, the legal position of a disputed boundary, a construction contract dispute or unrelated neighbour complaints. Those matters may fall outside the Party Wall process and require separate professional or legal advice.
Does the Third Surveyor Replace the Two Appointed Surveyors?
Not normally. The original Building Owner’s Surveyor and Adjoining Owner’s Surveyor remain appointed under the Act.
The Third Surveyor usually addresses the particular issue referred to them. Once that issue has been determined, the appointed surveyors may continue administering the Award and dealing with other matters arising during the works.
Hourican Associates act for both sides of the process through our Building Owner’s Surveyor and Adjoining Owner’s Surveyor services.
How Does a Third Surveyor Referral Work?
The exact process will depend on the Third Surveyor and the matter referred, but a typical route may involve the following stages.
1. A clear issue is identified
The appointed surveyors or an owner identify a matter that has not been resolved through the ordinary surveyor discussions.
2. The referral is prepared
The referring party sets out the question, relevant background, documents and decision requested.
3. Directions may be issued
The Third Surveyor may set a timetable for submissions, responses, document production or an inspection.
4. Both positions are considered
The parties or appointed surveyors may be allowed to provide evidence and explain their positions.
5. An Award or determination is made
The Third Surveyor records their decision, any directions arising from it and how relevant costs should be dealt with.
6. The decision is served
Once served, the Award becomes binding unless it is successfully challenged through the statutory appeal procedure.
Who Pays the Third Surveyor’s Fees?
There is no single answer that applies to every referral. Responsibility will depend on the nature of the dispute, the conduct of the parties, the outcome and what the Third Surveyor considers reasonable under the Act.
The Third Surveyor may decide that:
- the Building Owner should pay the reasonable costs;
- the Adjoining Owner should meet some or all of a particular cost;
- the costs should be divided;
- one party should bear costs caused by an unreasonable position or unnecessary referral.
Owners should therefore avoid assuming that the person undertaking the building work will automatically pay every cost, regardless of how the dispute arose.
Before making a referral, it is sensible to consider the likely value of the issue, the available evidence and whether further discussion between the appointed surveyors could resolve it proportionately.
Can the Third Surveyor Decide Whether Surveyor Fees Are Reasonable?
Fee disputes are one reason the Third Surveyor may be approached. The question is generally whether the claimed costs were reasonably incurred in administering the Party Wall matter.
Useful evidence may include:
- the surveyor’s appointment and fee basis;
- hourly rates or agreed fixed fees;
- time records;
- details of inspections and meetings;
- the volume and relevance of correspondence;
- work involved in reviewing drawings or preparing Awards;
- whether additional time resulted from unnecessary conduct.
A Third Surveyor referral should not be used simply because an owner dislikes the amount of an invoice. The question is whether the costs connected with the statutory process were reasonable.
Can a Third Surveyor’s Award Be Appealed?
A Party Wall Award is final and binding unless it is rescinded or modified by the County Court on appeal.
An owner normally has 14 days from service of the Award to appeal. This is a short deadline, and an unsuccessful appeal may create substantial legal-cost exposure.
Anyone considering an appeal should obtain legal advice promptly. A Third Surveyor referral is not itself a substitute for the statutory court appeal process once an Award has been served.
Learn more about how Party Wall Awards in London regulate notifiable works.
Common London Situations Involving a Third Surveyor
Complex basement excavation
Deep excavations, underpinning, temporary works and movement-monitoring proposals can generate technical disagreements about the safeguards reasonably required.
Loft conversion damage allegation
A neighbour may report cracking during or after steel installation. The surveyors may disagree about causation, the relevance of the Schedule of Condition or the appropriate making-good procedure.
Rear-extension access dispute
The owners may disagree about whether access is required under the Act, how long it is needed or which protective arrangements should apply.
Changes after an Award
Revised engineering details or a changed construction method may lead to disagreement about whether the existing Award is sufficient or a supplementary Award is required.
Surveyor fee disagreement
The surveyors or owners may disagree about the reasonableness of fees incurred during a complicated or prolonged matter.
How to Reduce the Risk of a Third Surveyor Referral
A referral cannot always be avoided, but good preparation can reduce unnecessary disputes.
- Serve complete and valid Party Wall Notices.
- Provide clear architectural and structural drawings.
- Supply method statements for higher-risk works.
- Arrange a thorough Schedule of Condition.
- Respond promptly to reasonable surveyor requests.
- Keep the issues focused on matters arising under the Act.
- Discuss disputed Award clauses before positions become entrenched.
- Use appropriately experienced Party Wall Surveyors.
The Third Surveyor procedure is an important safeguard, but it should not become a substitute for constructive communication and proportionate decision-making by the appointed surveyors.
Questions to Ask Before Making a Referral
- What exact decision is required?
- Does the issue fall within the Party Wall Act?
- Has the other surveyor’s position been properly understood?
- Are the relevant drawings and documents available?
- Could a focused meeting resolve the issue?
- Is the likely cost proportionate to the matter in dispute?
- Could the referral affect the construction programme?
- Is legal advice required as well as surveyor advice?
Need Advice About a Party Wall Third Surveyor?
A Third Surveyor referral can provide an effective route through an unresolved Party Wall dispute, but the issue must be identified clearly and supported by the right evidence.
Hourican Associates are specialist Party Wall Surveyors in London. We can review your notices, surveyor appointments, drawings, Awards and correspondence, explain the available routes and help you decide whether a Third Surveyor referral is appropriate.
For practical assistance, use our Party Wall Dispute Resolution service or contact Hourican Associates to discuss your matter.
Frequently Asked Questions
Richard Hourican, Company Director
BSc (Hons). HND Build. MCIOB. C.Build E MCABE. ARICS. MFPWS. MPTS
As a specialist Party Wall surveyor, Richard Hourican will protect your interests during building works.
Are you planning a building project – perhaps an extension, loft conversion or basement – that is on or adjacent to your property’s boundary line? Or has a ‘Party Wall’ notice dropped on the doormat informing you of a neighbour’s impending works?
It’s essential to understand all the implications of building plans. If you don’t, it could cost thousands. Our job is to ensure everything is done correctly – and that it doesn’t!
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