Acting alone
Where each owner has appointed a surveyor and one refuses to act effectively, the other may act alone. If one neglects to act for 10 days, beginning with the day a request is served on them by either owner or by the other surveyor, the other may proceed ex parte on the matter in the request.
Before using it
Ex parte action is a last resort. Chase in writing, set out exactly what is needed, and serve a clear request. A surveyor who goes straight to acting alone, without fair warning, invites a challenge.
If an agreed surveyor goes quiet
If an agreed surveyor refuses to act, neglects to act for 10 days after a request, dies or becomes incapable of acting, the proceedings begin again from the start.
If an appointed surveyor dies or cannot act
The owner who appointed them can appoint a replacement with the same powers.
If the third surveyor does not act
If the third surveyor refuses or neglects to act for 10 days after a request, dies or becomes incapable, the two surveyors must select another.
Common questions
Can I dismiss my surveyor for being slow?
Appointments cannot be rescinded. See changing your surveyor.
Where this comes from in the Act
Links go to the official text of the Party Wall etc. Act 1996 on legislation.gov.uk.