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Agreed surveyor vs two surveyors

Once a dispute has arisen under the Party Wall etc. Act 1996, the Act offers two ways of appointing surveyors. Both produce a binding Party Wall Award; they differ in cost, speed and how many professionals are involved. This guide explains how each works under section 10, the role of the third surveyor, and how to choose.

JG

Written by John Greenan AssocRICS, MFPWS, ACABE

AssocRICSMFPWSACABE

Party wall and residential property surveyor with 25+ years’ experience in surveying and construction. Last reviewed 27 October 2026.

Short answer: An Agreed Surveyor (s.10(1)(a)) is one impartial surveyor both owners concur in appointing. It is usually quicker and cheaper, and the government booklet calls it preferable in residential cases where fees would significantly increase project costs. With two surveyors (s.10(1)(b)), each owner appoints their own and the two select a third surveyor; this suits complex or contentious works. In both cases every surveyor must act impartially.

Side by side

Agreed SurveyorTwo surveyors
Legal basiss.10(1)(a)s.10(1)(b)
Who appointsBoth owners jointly, in writingEach owner appoints one, in writing
Third surveyorNoneSelected by the two surveyors at the outset
Who makes the AwardThe Agreed SurveyorThe two surveyors (or any two of the three)
Typical useCooperative neighbours wanting formal terms; most domestic workComplex or contentious works; strained relations
SpeedUsually faster: one inspection, no negotiation between surveyorsSlower: two diaries, correspondence between surveyors
Cost to building ownerOne surveyor’s fees (our full package £899 + VAT, London £999; Agreed Surveyor supplement currently waived)Own surveyor plus the neighbour’s surveyor’s reasonable fees
If the surveyor cannot continueProceedings begin again (s.10(3))The appointing party appoints a replacement (s.10(5))

How the Agreed Surveyor route works

Both owners agree in writing to appoint one surveyor. Usually the building owner proposes a surveyor and the neighbour accepts. The Agreed Surveyor inspects the neighbour’s property, prepares the Schedule of Condition, reviews the drawings and method statements, and makes the Award. They are not the building owner’s agent; their statutory role is to settle the dispute fairly between both owners. If the Agreed Surveyor refuses to act, neglects to act for 10 days after a request, dies or becomes incapable, the process begins again from scratch (s.10(3)).

How the two-surveyor route works

Each owner appoints a surveyor in writing, and the two “forthwith” select a third surveyor (s.10(1)(b)). The two party-appointed surveyors then work together on the Schedule and the Award. Any two of the three can make the Award (s.10(10)), and in practice the two party-appointed surveyors agree it between them. If they cannot agree a point, either owner or either surveyor can call on the third surveyor to determine it (s.10(11)). If one surveyor refuses or neglects to act, the other can proceed alone after a 10-day request (s.10(6)–(7)).

What the third surveyor does

The third surveyor is a reserve, not a routine participant. They are named early so that a referee is ready if needed, and most domestic Awards are agreed without them. If the two surveyors fail to select a third within 10 days of a request, the local authority’s appointing officer can select one (s.10(8)).

Impartiality: the point people misunderstand

Whichever route is used, the surveyors are not advocates. Even a surveyor appointed by one owner has a statutory duty to settle the dispute fairly between both. An Agreed Surveyor is therefore not “the building owner’s surveyor in disguise”, and the neighbour’s own surveyor does not give them “more protection” in law. The two-surveyor route gives the neighbour a professional of their own choosing to explain the process to them, which matters to some people, at extra cost to the building owner.

Which to choose

  • Choose an Agreed Surveyor for straightforward domestic works such as lofts, beams, chimney breasts and single-storey extensions, where the neighbour wants formal terms but there is no fundamental disagreement.
  • Two surveyors make more sense for basements and underpinning, fragile or unusual structures, high-value interiors, large developments, or where relations have broken down and the neighbour would not trust a surveyor proposed by the building owner.
  • If the works are simple and the neighbour is relaxed, consider consent with a Schedule of Condition instead.

Worked example

Illustrative only. Olivia’s neighbour dissents from her loft notice and asks who will look after her interests. We explain that we can act as Agreed Surveyor, impartially for both, and that she is equally entitled to appoint her own surveyor at Olivia’s cost. She chooses the Agreed Surveyor, the Award is served within a couple of weeks, and Olivia avoids a second set of fees. A year later the same neighbour’s other neighbour plans a basement; there, two surveyors are appointed, and a structural engineer’s input is sought before the Award is agreed.

Can you appoint us?

Yes. We can act as the Agreed Surveyor for both owners, as the building owner’s surveyor, or as the adjoining owner’s surveyor. Whoever we act for, our statutory duty is to be impartial.

How the costs compare in practice

With an Agreed Surveyor, the building owner pays one surveyor’s fee. With our full package that is £899 + VAT (£999 in London), with the Agreed Surveyor supplement currently waived. With two surveyors, the building owner pays their own surveyor plus the neighbour’s surveyor’s reasonable fees, which are set by that surveyor and determined in the Award (s.10(13)). Two surveyors also usually means more correspondence, and the overall timetable tends to be longer.

What to ask before agreeing to a surveyor

  • Are they a member of a party wall professional body? All four of our surveyors are members of the Faculty of Party Wall Surveyors (MFPWS).
  • Have they handled this type of work before, such as lofts, extensions or basements?
  • Are they involved in the project in another capacity (designer, contractor)? The booklet favours an Agreed Surveyor who is not.
  • Who will inspect, and when?
  • Are their fees fixed or hourly?

A typical timeline under each route

Agreed Surveyor: the neighbour signs the appointment; the surveyor arranges one visit to take the Schedule and look at the party wall; drawings are reviewed; a draft Award is prepared and served on both owners. Two surveyors: each owner appoints in writing; the surveyors exchange appointment letters and select the third surveyor; they arrange a joint or separate inspection; one drafts the Award and the other comments, sometimes over several rounds; the agreed Award is signed and served by both. Neither route lets work start before the notice period has expired, unless the owners agree otherwise (s.10(12)).

Changing routes

An Agreed Surveyor appointment, like any appointment under section 10, cannot be rescinded by either party (s.10(2)). So a neighbour who agrees to an Agreed Surveyor cannot later switch to their own surveyor simply because they would prefer one. If the Agreed Surveyor refuses or neglects to act, dies or becomes incapable, the process begins again (s.10(3)), and the owners can then choose either route.

For neighbours deciding now

If you have received a notice and are unsure, ask the building owner’s surveyor to explain the work and what an Agreed Surveyor would do. You lose nothing by asking questions first, and you can still appoint your own surveyor if you are not satisfied with the answers. If the works are straightforward and you simply want a record of your property, consent with a Schedule of Condition may be all you need.

Sources and further reading

Section references are to the Party Wall etc. Act 1996 as it applies in England and Wales, checked against legislation.gov.uk. This guide is general professional guidance, not legal advice; every project should be assessed on its own drawings.

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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.

Frequently asked questions

Is an Agreed Surveyor biased towards the building owner?

No. Any surveyor appointed under the Act must act impartially and consider both owners’ rights, whoever suggested them.

What does the third surveyor do?

They are called on only if the two surveyors cannot agree, or if either owner or surveyor refers a matter to them (s.10(11)).

Can the neighbour refuse an Agreed Surveyor?

Yes. An Agreed Surveyor needs both owners’ agreement. The neighbour can always appoint their own surveyor instead.

Can an appointment be withdrawn if I’m unhappy with the surveyor?

No. Appointments cannot be rescinded by either party (s.10(2)).

Is the Award different under the two routes?

No. Both produce an Award with the same legal effect, appealable to the county court within 14 days of service.

Who pays the third surveyor?

Only if they are called upon. Their costs are then determined in their Award, normally against the building owner for works solely for their benefit.

Can my builder or architect be the Agreed Surveyor?

They are not prohibited as such, but someone involved in the project is unlikely to be accepted by a neighbour. The booklet favours an Agreed Surveyor not involved in the project.

How long does each route take?

There is no fixed time. An Agreed Surveyor Award for a straightforward domestic project is usually quicker than a two-surveyor Award.

Can my neighbour switch from an Agreed Surveyor to their own surveyor?

Not by rescinding the appointment (s.10(2)). Only if the Agreed Surveyor cannot continue (s.10(3)) does the process start again.

Is an Agreed Surveyor’s Award as binding as a two-surveyor Award?

Yes. Either way, the Award is conclusive unless it is appealed to the county court within 14 days of service (s.10(16)–(17)).

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