The third surveyor is a safeguard built into the Party Wall etc. Act 1996 to ensure that a party wall dispute can always be resolved, even when the two appointed surveyors cannot agree. Rarely called upon in practice, the third surveyor nonetheless underpins the fairness and finality of the whole process.
What the Third Surveyor Does
Where each owner appoints their own surveyor, those two surveyors must, before they begin working on the matter, jointly select a third surveyor. This selection happens at the outset, not when a disagreement occurs, so that the mechanism is ready if it is ever needed. The third surveyor sits in reserve and is only brought in to determine a specific point on which the two appointed surveyors, or an owner and a surveyor, cannot agree.
When the Third Surveyor Is Called Upon
The third surveyor can be referred a matter by either of the appointed surveyors or by either owner. Common triggers include disagreement over the terms of a party wall award, the extent of protective works, the interpretation of the notified works, or the allocation of fees. Once referred, the third surveyor makes a determination on the disputed point, which is set out in an award and is binding on the parties subject to the usual right of appeal.
- Referral by either appointed surveyor
- Referral by either the building owner or the adjoining owner
- Determination of the specific matter in dispute, not the whole case
How the Third Surveyor Is Selected
The two appointed surveyors choose the third surveyor together, ordinarily selecting an experienced practitioner with strong knowledge of the Act. If they cannot agree on who the third surveyor should be, the appointing officer of the local authority can make the selection. Recording the third surveyor’s identity early avoids delay should a deadlock later arise.
| Role | Appointed by | Function |
|---|---|---|
| Agreed surveyor | Both owners jointly | Acts impartially for both parties |
| Appointed surveyor | One owner each | Represents the Act, not the appointing owner |
| Third surveyor | The two appointed surveyors | Resolves points of deadlock |
Impartiality and Independence
Impartiality is the cornerstone of the third surveyor’s role. Although selected by the two appointed surveyors, the third surveyor owes no allegiance to either owner and must reach a fair and reasoned determination based solely on the facts and the Act. This independence gives both parties confidence that any deadlock will be broken objectively. Where a single agreed surveyor is used instead of two appointed surveyors, no third surveyor is selected, because there is no second surveyor with whom to disagree; further background is on our disputes and resolution page.
FAQs
Is the third surveyor usually involved?
No. In the overwhelming majority of cases the two appointed surveyors reach agreement between themselves, and the third surveyor is never called upon. The role exists as a backstop.
Who pays the third surveyor’s fee?
The third surveyor determines how their own reasonable fee is allocated as part of the referral, and it is commonly borne by the building owner. This is explained further in our guide to the costs and the process.
Can the third surveyor’s award be challenged?
Yes. Like any award under the Act, a determination by the third surveyor may be appealed to the county court within fourteen days of service.
If your project involves appointed surveyors and you want the reassurance of an experienced third surveyor mechanism anywhere in London, our RICS-accredited team can help. Contact us to discuss your matter.