‘Third’ Party Wall Surveyors
This article is aimed at property owners and their adjoining owners when there is a dispute in a Surrey or London construction project. It concerns the selection of a third surveyor to help resolve disputed matters if the two appointed surveyors cannot agree.
- It is a common practice and can help prevent the process from stalling.
The need for a third surveyor creates significant confusion under Party Wall law.
The Building Owner and Adjoining Owner may agree to use one surveyor. If they appoint separate surveyors instead, those two surveyors must select a third surveyor. See section 10 of the Act.
When two surveyors are appointed, who can help if they cannot agree? This is when the selected third surveyor may be called upon. The Party Wall Act requires the two appointed surveyors to select one at the outset.
All three surveyors are referred to in the Act as “the three surveyors.”
Why involve more Surveyors?
It is the law. The Third Surveyor is usually a largely silent role. Either owner or either appointed surveyor may call upon them to determine disputed matters.
Example situations include:
- Either of the surveyors or either of the parties to a dispute calls upon the third surveyor to determine an outstanding matter. The third surveyor then makes the necessary award.
- The two surveyors disagree on a technical, legal or procedural issue. Either surveyor can refer that issue to the third surveyor. The building owner or adjoining owner can also call upon the third surveyor to determine a disputed matter.
Who pays the fees?
It is a common misunderstanding among Building Owners that they have to foot the bill for any third surveyor involvement simply because it is their build. Selecting a third surveyor does not usually result in a fee if they are not called upon to act. If they make an award, the reasonable costs are allocated as the surveyor or surveyors making the award determine. The party who referred the matter is not automatically responsible for the entire bill.
Therefore, the Building Owner and the Adjoining Owner should understand the possible costs before referring a matter to the third surveyor. Section 10 also addresses how reasonable costs are allocated.
For a closer look at potential fees, review the party wall surveyor cost guide before making a referral.
Reality
In many cases that Westville Associates deal with, the owners use an agreed surveyor. When each party appoints their own surveyor, those surveyors must select a third. However, the third surveyor is often never called upon to determine a matter, so their selection does not usually add a fee.
- A third surveyor is selected even when the two appointed surveyors expect to resolve matters themselves.
If you are the Building Owner or Adjoining Owner, Westville’s guidance on party wall disputes explains the wider process.
Next Step
If you have a specific third surveyor question about a Surrey or London project, send Simon the details or call 07834 761 411.
