Appointing a Surveyor Under Section 10 in 2026: Complete Guide

If a Party Wall dispute starts (or is treated as started), Section 10 of the Party Wall etc. Act 1996 explains how surveyor(s) must be appointed to sort it out.

This guide shows what Section 10 means in real life, how appointments work, what the third surveyor does, and includes simple templates you can copy and paste.

London note: shared walls, older plaster, and tight access make it even more important to get the Section 10 steps right.

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At a glance: the quick answers

• Section 10 kicks in when there is a dispute (or one is treated as happening) under the Act.

• You either:

  • agree on one surveyor (an agreed surveyor), or

  • each side appoints their own surveyor and those two pick a third surveyor.

• If one owner will not appoint a surveyor after being asked, Section 10 includes a route to appoint on their behalf after a set period, so the process cannot be blocked by silence.

• A party wall surveyor appointment is a statutory role and should be treated as independent of the person who appointed them.

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What is Section 10 of the Party Wall Act?

Section 10 is titled “Resolution of disputes”. It sets out the legal method for sorting problems once a dispute exists under the Act.

It is the part that covers:

• choosing one surveyor or two

• selecting a third surveyor (where there are two)

• how surveyors make decisions (the Party Wall Award)

• who pays costs (decided within the process)

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When does Section 10 apply?

Section 10 applies when a dispute arises or is treated as having arisen about work covered by the Act.

A dispute can happen in common situations like:

• your neighbour says no to the notice

• your neighbour replies but objects to parts of the work

• your neighbour does not reply to a notice within the time allowed, for certain types of notice (the GOV.UK booklet explains the “no reply” situation as a dispute for many notices)

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Do I have to appoint a surveyor under Section 10?

If Section 10 applies, surveyor(s) are the route the Act uses to settle the matter.

This does not always mean a long fight. Many London projects move smoothly once surveyors are appointed and a clear Award is produced.

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What does “agreed surveyor” mean?

Section 10 says the owners can jointly appoint one surveyor, called the agreed surveyor.

That surveyor must act fairly for both owners. Even though one person might suggest the surveyor, the job is not “your surveyor vs my surveyor”. The role is meant to be impartial.

Why people choose an agreed surveyor

• usually quicker

• usually fewer hours billed than two surveyors

• simpler communication

When an agreed surveyor may not suit

• very complex work (deep excavation, basements, major structural changes)

• a poor relationship between neighbours

• multiple adjoining owners involved

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What happens if each owner appoints their own surveyor?

Section 10 also allows each owner to appoint a surveyor. Then the two surveyors must select a third surveyor.

The third surveyor is a backup decision-maker. They do not always get involved, but they must be selected early, because the Act expects that step to happen once the two surveyors are appointed.

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Who can be a “surveyor” under the Act?

The Act uses the word “surveyor” in a specific way. A surveyor must be a person not being a party to the matter who is appointed under Section 10 to decide disputes under the Act.

RICS guidance also stresses that party wall surveyors should have the right skill and competence, and that the statutory role is independent of the appointing owner’s instructions.

Practical tip for London: pick someone who actually does party wall work often, not someone who “also does it sometimes”.

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What can Section 10 surveyors actually do?

Once validly appointed, the surveyor(s) can:

• review drawings, method statements, and timings

• inspect properties

• prepare a schedule of condition (photos and notes of existing condition)

• decide working hours, access rules, protection measures, and damage handling

• produce the Party Wall Award (also called the party wall agreement in day-to-day talk)

All of this sits under the Section 10 dispute process.

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How does appointing a surveyor work step by step?

Here is a clear process that fits most situations.

Step 1: Check that the notice and dispute position make sense

If you are the adjoining owner, confirm:

• What work is planned

• which part of the Act it falls under (works to an existing party wall, new wall at boundary, excavation)

• whether you consent or dissent

The GOV.UK explanatory booklet lays out the general notice and dispute flow.

Step 2: Decide between one surveyor or two

You either:

• agree on one surveyor (agreed surveyor), or

• Each appoint your own surveyor (two surveyors + third surveyor)

Step 3: Make the appointment in writing

Appointments should be in writing so there is no argument later.

Step 4: If there are two surveyors, they select the third surveyor

This is a required step under Section 10, where there are two surveyors.

Step 5: Surveyors inspect and gather info

This often includes a schedule of conditions and reviewing method details.

Step 6: The Party Wall Award is agreed and served

Section 10 covers the making of awards, and that surveyors can decide costs within the process.

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What is the “third surveyor” and when do they get involved?

Where there are two surveyors, they select a third surveyor.

The third surveyor is used when:

• The two surveyors cannot agree on a point, or

• One surveyor refers a matter for decision

In many normal jobs, the third surveyor is never needed. Still, having one chosen early prevents deadlock later.

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What happens if someone refuses to appoint a surveyor?

This is where many people get confused.

Section 10 includes a route to keep things moving if one owner will not appoint a surveyor after a written request. In practice, this is often talked about as a “Section 10(4) appointment”.

The key point: the process cannot be frozen just because someone ignores letters.

If you are dealing with a non-response situation, get proper advice quickly so you follow the Act’s steps correctly. The appointment must be done the right way to be valid.

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Single surveyor vs two surveyors: what changes in real life?

Even with two surveyors, it is still meant to be a controlled legal process, not a personal argument.

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What should you look for when choosing a party wall surveyor in London?

Pick someone who:

• works with the Party Wall Act regularly

• explains things clearly and keeps paperwork tidy

• is comfortable dealing with tight London access and older buildings

• understands that the statutory role is independent (not “hired muscle”)

Red flags:

• promises to “win” against the neighbour

• pushes conflict

• refuses to explain fees or steps clearly

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Templates: appointing a surveyor under Section 10 (copy and paste)

These templates are a starting point. If your project is complex or deadlines are tight, get professional help before sending anything.

Template 1: Appointment of an agreed surveyor (both owners use one)

Template 2: Appointment of your own surveyor (adjoining owner or building owner)

Template 3: Request for the other owner to appoint a surveyor (non-response follow-up)

Template 4: Third surveyor details request (for two-surveyor route)

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What should be included in a Party Wall Award under Section 10?

Awards vary, but common items include:

• description of the permitted work

• construction methods and protections

• access arrangements (when, how, notice needed)

• working hours (important in London terraces)

• schedule of condition

• steps for dealing with damage and making good

• costs and who pays (surveyors decide this within the process)

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How to keep costs down without taking risks

• Answer letters quickly. Delay often means more time billed.

• Share drawings early. Missing info creates extra surveyor time.

• Consider an agreed surveyor where the job is straightforward and both sides can cooperate.

• Get a proper schedule of conditions. It reduces arguments later.

• Keep requests reasonable. Surveyors are there to control risk, not to redesign the whole project.

• Use clear written communication. It helps everyone stay on track.

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WhatsApp help (London)

Want us to check your Section 10 situation before you appoint anyone?
Send a photo or PDF on WhatsApp, include your London postcode, and tell us:

• What work is planned (loft, extension, steels, excavation)

• the notice date (if served)

• What response has happened so far (consent, dissent, no reply)

We will point you to the safest next step.

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FAQ

Is Section 10 the same as a Party Wall Notice?

No. The notice is the warning step. Section 10 is the dispute-resolution process once a dispute exists or is treated as existing.

Can I choose any surveyor I want?

You can appoint a surveyor as long as they are not a party to the matter, and they should be competent for party wall work. RICS also stresses the role is a statutory appointment and independent.

Do surveyors work for the person who appoints them?

They are appointed by an owner, but their job under the Act is to act fairly within the statutory process, not to “take sides”.

What is a Section 10(4) appointment?

It is a commonly used label for the situation where one owner does not appoint a surveyor after being properly requested, and the Act allows the process to continue so it cannot be blocked by silence.

When does the third surveyor step in?

When the two surveyors cannot agree on something and a matter is referred for a decision. The third surveyor is part of the Section 10 structure when there are two surveyors.

Does Section 10 apply outside England and Wales?

The Party Wall etc. Act 1996 applies to England and Wales.

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This guide is general information, not legal advice. If you are unsure, speak to a qualified party wall surveyor.

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