What is a Third Surveyor?
Under Section 10, where each owner appoints their own surveyor, the two surveyors select a Third Surveyor.
This is a normal early step in the procedure. It does not mean the surveyors already disagree.
The Third Surveyor is there to determine matters in dispute if they are called upon. They are not automatically involved in preparing every Award.
If both owners instead agree to appoint a single Agreed Surveyor, no Third Surveyor is selected.
Agreed Surveyor or two-surveyor procedure
Agreed Surveyor
- Both owners agree to one surveyor
- One impartial surveyor
- No Third Surveyor selected
Two-surveyor procedure
- Each owner appoints a surveyor
- Two appointed surveyors
- Third Surveyor selected
- Referral only where required
How is the Third Surveyor selected?
The two appointed surveyors select the Third Surveyor in writing and should do so promptly once the two-surveyor procedure begins.
Under Section 10(8), if one surveyor refuses to join in selecting a Third Surveyor, or neglects to do so for ten days after receiving a request from the other surveyor, the statutory appointing officer may select the Third Surveyor upon application by either surveyor.
The Act also provides an alternative procedure where the relevant appointing officer or their employer is a party to the dispute.
The appointing owners should be informed who has been selected.
How the Third Surveyor fits in
Section 10(8) provides a selection mechanism where a surveyor refuses or neglects to join in selecting a Third Surveyor.
When does a Third Surveyor become involved?
Most matters are settled between the two appointed surveyors through discussion, reviewing the drawings and considering the statutory requirements.
Sometimes an issue cannot be resolved.
Examples include disagreements about:
- The scope of works authorised under the Act.
- Protective measures or working arrangements.
- Security for Expenses.
- The interpretation of a technical construction proposal.
- The reasonableness or allocation of surveyors' fees.
Under Section 10(11), either owner or either appointed surveyor can call upon the selected Third Surveyor to determine disputed matters.
A referral can therefore come from an owner as well as from a surveyor.
What happens if a matter is referred?
The Third Surveyor considers the specific dispute referred.
Depending on the matter, they may request correspondence, drawings, supporting evidence or written submissions.
They may then issue an Award determining the disputed matter.
The determination can deal with one disputed point rather than replacing the entire Party Wall process.
The two appointed surveyors ordinarily continue dealing with the remaining matters.
Does a referral mean going to court?
No.
The Third Surveyor forms part of the Act's own dispute-resolution procedure, so a referral does not itself start court proceedings.
However, an Award, including one made by a Third Surveyor, can be appealed to the county court.
Under Section 10(17), either owner has 14 days from service of the Award to appeal.
Who pays the Third Surveyor's fees?
A Third Surveyor may charge for determining a referred matter.
Under Section 10(13), the reasonable costs of making an Award and other reasonable costs arising from the dispute are paid by whichever owner or owners the surveyor or surveyors making the Award determine.
Making a referral does not automatically make the owner who requested it responsible for every cost.
The likely cost implications should be considered before a formal referral is pursued.
How often does this happen?
At Christopher Anthony Surveyors, formal Third Surveyor referrals are uncommon.
Most matters are resolved through professional discussion, a sensible interpretation of the Act and proper consideration of the construction information.
Where a genuine dispute cannot be resolved, the Third Surveyor procedure provides a way to reach a determination.
Will I be kept informed?
Yes.
If a matter looks likely to require Third Surveyor involvement, we explain:
- What remains in dispute.
- Why agreement has not been reached.
- The likely implications for costs and timescales.
- What happens if the matter is formally referred.
We keep our appointing owner updated as the matter progresses.
What should you do next?
If your matter involves two surveyors, or you're considering whether to use an Agreed Surveyor or appoint your own, we can explain the procedure and how we can help.
An Agreed Surveyor requires both owners' agreement. Alternatively, either owner can appoint their own surveyor, and we act as Building Owner Surveyor or Adjoining Owner Surveyor.
Related guides: Party Wall Notices Explained: Types and Timescales · Security for Expenses Under the Party Wall Act · Special Foundations and Consent
