When a Party Wall matter arises, it’s common for each neighbour to appoint their own surveyor — one acting for the Building Owner and one for the Adjoining Owner. But there’s a third person mentioned in the Party Wall etc. Act 1996 that often causes confusion: the Third Surveyor.

What Does the Act Say?

Under Section 10(1)(b) of the Party Wall etc. Act 1996,

“Each party shall appoint a surveyor and the two surveyors so appointed shall forthwith select a third surveyor (all of whom are in this section referred to as ‘the three surveyors’).”

This means that as soon as both owners have appointed their respective surveyors, those two surveyors must immediately agree on a third — an independent professional who will only become involved if required.

What Is the Role of the Third Surveyor?

The Third Surveyor is entirely impartial and acts as a safeguard in the process. Their name is recorded within the Party Wall Award but they don’t normally participate in discussions or inspections.

Their main role is to be available if the two appointed surveyors cannot agree on any aspect of the matter — whether that’s a technical issue, procedural point, or disagreement over fees. If called upon, the Third Surveyor has the authority to make a binding decision.

When Might the Third Surveyor Be Used?

In practice, the Third Surveyor is rarely called upon. However, they may become involved if:

• The two surveyors reach an impasse over any element of the works
• There’s a dispute about damage, access, or compensation
• The parties disagree over surveyors’ fees or procedures
• Either owner believes their appointed surveyor is not acting effectively or independently — in which case they can make a direct referral to the Third Surveyor for guidance or determination

This is an important protection within the Act, ensuring that every owner has access to an impartial route for resolution if they feel their interests are not being properly represented.

Either surveyor or either owner can make a referral, and the Third Surveyor’s decision carries full legal weight under the Act.

For further reading, the Faculty of Party Wall Surveyors provides useful guidance on the role of the Third Surveyor here.

Do We Use the Third Surveyor Often?

At Christopher Anthony Surveyors, Third Surveyor involvement is very uncommon.
We maintain open communication and a professional working relationship with other surveyors, meaning most matters are resolved swiftly and collaboratively without escalation.

Nevertheless, the existence of the Third Surveyor ensures that the process remains balanced, transparent, and fair for all parties involved.

In Summary

• Section 10(1)(b) of the Act requires a Third Surveyor to be selected by the two appointed surveyors.
• They act if there’s disagreement or concern over a surveyor’s conduct.
• Either surveyor or either owner can make a referral.
• Their decision is binding and legally enforceable.
• In practice, they’re rarely needed — but their presence safeguards fairness and independence in the Party Wall process.

Need Professional Advice?

Contact Christopher Anthony Surveyors for clear advice and professional support.
Get in touch with us or read more about our Party Wall Surveying Services.

Areas We Cover
Christopher Anthony Surveyors provide professional Party Wall Surveyor services across London and the surrounding areas, including Hackney, Islington, Camden, Haringey, North London, East London, South London, West London, Bexley, Essex, Hertfordshire, Surrey, and Kent.

Our coverage also extends to Tower Hamlets, Waltham Forest, Enfield, Barnet, Southwark, Greenwich, Lewisham, Bromley, Croydon, Lambeth, Hammersmith & Fulham, Wandsworth, Merton, Kingston upon Thames, Ealing, Brent, Harrow, Hillingdon, Richmond upon Thames, and Sutton.

We continue to expand our reach — explore your local area page to learn more about Party Wall services near you.