The two routes in the Act
Where a dispute arises or is deemed to arise, s.10(1) requires either (a) both parties to concur in the appointment of one surveyor, the Agreed Surveyor, or (b) each party to appoint a surveyor, and those two surveyors to select a third surveyor forthwith. All appointments and selections must be in writing and cannot be rescinded by either party (s.10(2)).
| Agreed Surveyor | Your own surveyor | |
|---|---|---|
| Number of surveyors | One, acting for both owners | Two, plus a third surveyor selected by them |
| Who chooses | Both owners agree on the person, often the building owner’s proposed surveyor | You choose yours; the building owner chooses theirs |
| Who makes the Award | The Agreed Surveyor alone (s.10(10)) | Any two of the three surveyors (s.10(10)); usually the two appointed surveyors |
| If there is disagreement | No internal referral; if the Agreed Surveyor refuses or neglects to act, the process starts again (s.10(3)) | Either party or surveyor can refer the issue to the third surveyor (s.10(11)) |
| Speed | Usually quicker | Usually slower, as two surveyors must exchange and agree |
| Cost (normally to the building owner) | Lower | Higher, as two surveyors are paid |
| Best for | Moderate works, good relations, good information | Complex or contentious works, basements, underpinning, poor information, strained relations |
The Agreed Surveyor
Many building owners propose their own surveyor to act as Agreed Surveyor. This is entirely proper: once appointed under s.10(1)(a), the surveyor acts for neither owner. Their duty is to the Act and to deciding matters impartially. In practice, the Agreed Surveyor will:
- review the notice, drawings and any structural engineer’s calculations;
- inspect your property and prepare a Schedule of Condition;
- draft an Award covering the work, method, working hours, protection, access and making good;
- serve the Award on both owners;
- carry out a final inspection and deal with any damage.
If you have particular concerns, for example a delicate ceiling, a kitchen against the party wall, or a home office you need to keep quiet, tell the Agreed Surveyor early so they can address them in the Award. If you are unhappy with the Award you have the same 14-day right of appeal as in any other case (s.10(17)).
Appointing your own surveyor
Under s.10(1)(b) you choose a surveyor you trust. They inspect your property, review the design with the building owner’s surveyor, ask for further information where it is needed, and agree the Award with the other surveyor. Your surveyor is still bound to act impartially, but you have someone who has looked at the proposals from the perspective of your property, which matters most when the risk is real: deep excavation near shallow footings, underpinning, demolishing and rebuilding the party wall, or a building owner who has been slow to provide information.
The third surveyor
The two appointed surveyors must select a third surveyor at the outset. The third surveyor normally takes no part unless called upon. Either owner, or either appointed surveyor, can refer a disputed point to the third surveyor, who will then make an Award on it (s.10(11)). If one of the surveyors refuses to select a third surveyor, the local authority’s appointing officer can make the selection on application (s.10(8)). The third surveyor is a safeguard, not a routine step: in our experience most two-surveyor disputes are resolved without one.
What if one surveyor does not engage?
The Act has firm time limits. If a party-appointed surveyor refuses to act effectively, the other surveyor may proceed ex parte, and an Award made that way is as effective as one made by an Agreed Surveyor (s.10(6)). If they neglect to act for 10 days after a written request, the other surveyor may proceed ex parte on the subject matter of the request (s.10(7)). This is why choosing a responsive, experienced surveyor matters.
Two adjoining owners receive notices from the same building owner. Ms E faces a loft conversion with two beam pockets; drawings and calculations are clear, and she gets on well with her neighbour. She concurs in the building owner’s surveyor acting as Agreed Surveyor and an Award is served within three weeks, including set working hours. Mr F, on the other side, faces an excavation 2.5 metres deep for a basement, beside a house with shallow brick footings. He appoints his own surveyor, who asks for a temporary works design and a monitoring regime. The two surveyors agree an Award that requires crack and movement monitoring during excavation. The building owner pays both surveyors’ reasonable fees.
This is an illustrative scenario to show how the Act works in practice. It is not a real case, and the outcome on any real project depends on its own facts.
Questions to ask any surveyor before appointing them
- Are you a member of the Faculty of Party Wall Surveyors or RICS, and how many party wall matters do you handle?
- Will you seek your fees from the building owner under s.10(13)? Please confirm in writing.
- How quickly can you inspect and prepare the Schedule of Condition?
- Will you inspect during and after the work, and how is that charged?
- Do you have any connection with the building owner or their contractor? (For an Agreed Surveyor this is normal; for your own surveyor you may prefer someone independent.)
Making the appointment
- Reply to the notice in writing, dissenting and either concurring in the named Agreed Surveyor or naming your own surveyor.
- Sign a short letter of appointment for your surveyor (all owners should sign).
- Send the reply within 14 days, or within 10 days of any s.10(4) request if one has been served.
- Let your surveyor arrange the inspection and liaise with the other side.
Further reading: the same choice from the building owner’s side, consent or dissent and appealing an Award.
Key points
- Both routes produce a binding Award and, normally, the building owner pays.
- An Agreed Surveyor suits moderate works, good information and good relations.
- Your own surveyor is best for complex or contentious works, or where relations are strained.
- All surveyors appointed under the Act must act impartially.
- Appointments cannot be rescinded, so choose a surveyor who is experienced and responsive.
- The third surveyor is a safeguard for unresolved points, not a routine step.
A note on timescales
For a party structure notice the building owner must give at least two months’ notice (s.3(2)(a)), and an Award cannot fix a start date earlier than the end of the notice period unless both owners agree (s.10(12)). In our experience an Agreed Surveyor Award for a straightforward loft or beam is often completed within that period. With two surveyors, the exchange of drafts and any requests for further engineering information take longer, so building owners planning complex work should allow more time.
Practical tip: telling the surveyor your concerns
Whichever route you choose, write a short note to the surveyor before the inspection listing what matters to you: rooms that adjoin the work, fragile finishes, a home office, pets, parking, or a garden wall. Surveyors can only deal in the Award with matters connected with the notified work, but within that scope a clear list helps them set sensible terms on protection, hours and making good.
How we can help
We have handled party wall matters on more than 750 projects, acting for building owners and adjoining owners. If you have received a notice, we can prepare a Schedule of Condition of your property, act as Agreed Surveyor for both owners, or act as your own surveyor. In the normal case the building owner pays the reasonable surveyors’ fees, including ours when we act for you (s.10(13)). Call free on 08000 487897 or see your options as a neighbour.
- Received a notice? Your options as an adjoining owner
- Fixed fees: party wall agreement cost
- Do I need a party wall agreement? (1-minute check)
Areas we cover include Party Wall Agreement Hertfordshire · Party Wall Agreement Surrey · Party Wall Agreement Sussex and more.
Sources: Party Wall etc. Act 1996 (legislation.gov.uk) · The Party Wall etc. Act 1996: explanatory booklet (GOV.UK) · Faculty of Party Wall Surveyors (FPWS). Last reviewed 27 October 2026. General guidance on the law in England and Wales, not legal advice.