The third surveyor: what they do and when

When the owners appoint a surveyor apiece, those two pick a third at the very start. Most third surveyors are never called on, but they provide a route to settle disagreements without court.

How the third surveyor is chosen

As soon as both surveyors are appointed, they agree on a third, usually an experienced party wall surveyor. If they cannot agree, the Act provides for appointment by the local authority.

When they are called in

  • The two surveyors cannot agree something
  • Either owner disagrees with something one of the surveyors has decided
  • There is a dispute about fees

Either owner or either surveyor can make the referral.

What they can decide

The third surveyor can decide the matter referred to them and make an award on it. That award is binding, subject to the same 14-day right of appeal to the county court.

Costs

The third surveyor's fees are decided in their award and are paid by whichever party they direct, which may not always be the building owner, particularly if a referral was unreasonable.

A useful safety valve

Referral is far quicker and cheaper than court. Knowing it exists encourages the two surveyors to resolve differences themselves.

Where this comes from in the Act

Links go to the official text of the Party Wall etc. Act 1996 on legislation.gov.uk.

Has a notice landed on your doormat?

Ivan Larkin can read it through with you, explain your choices and act as your surveyor. In most cases the owner doing the work pays for that.

Call 07477 207993Send an enquiry