Role in Party Wall Matters: Duties, Process, and When They Step In

What is a Third Surveyor in Party Wall matters?

A Third Surveyor is a neutral surveyor chosen by the two appointed surveyors (the Building Owner’s Surveyor and the Adjoining Owner’s Surveyor). Their job is to settle disagreements if the two surveyors can’t agree.

When is a Third Surveyor needed?

They step in when:

• The two surveyors disagree on parts of the Party Wall Award

• There is a dispute about access, working hours, or protection measures

• There is disagreement about damage, repairs, or compensation

• One surveyor refuses to cooperate or delays decisions

Who chooses the Third Surveyor?

The two surveyors select the Third Surveyor at the start, soon after both are appointed. Even if they never use them, the name is written into the case so the option is ready.

What does the Third Surveyor actually do?

Common tasks include:

• Reviewing drawings, method statements, and engineering details

• Checking the Schedule of Condition and any evidence of damage

• Deciding fair working rules (hours, noise control, safety steps)

• Settling arguments about costs, repairs, and responsibility

• Making a formal decision that becomes part of the Award (or works like one)

Can the Third Surveyor make a binding decision?

Yes. Their decision is legally effective under the Party Wall etc. Act 1996, and both owners must follow it (unless appealed in court within the legal time limit).

How the Third Surveyor process usually works

1. A dispute happens between the two surveyors

2. Either surveyor refers the issue to the Third Surveyor

3. The Third Surveyor reviews documents and may ask for more info

4. They make a written decision (often called a “Third Surveyor’s Award”)

Who pays Third Surveyor fees?

Usually, the Building Owner pays, especially if the works benefit them. But it can vary. If one side acts unreasonably, the Third Surveyor can decide a different split.

How to avoid needing a Third Surveyor

• Use experienced Party Wall surveyors

• Share complete drawings and structural details early

• Agree a detailed Schedule of Condition

• Keep communication clear and written