Articles

Can The Adjoining Owner’s Surveyor Act As The Agreed Surveyor?

Yes — it’s possible, but only if both owners agree and the surveyor is willing and able to act impartially under the Party Wall etc. Act 1996.

An Agreed Surveyor is not “your surveyor” or “their surveyor.” Once appointed as the Agreed Surveyor, they must act independently for the matter, balancing both parties’ rights and protections. That’s why the key issue is usually confidence and fairness, not whether they were first approached by the neighbour.


When it can work well

It can be a sensible option when:

  • You trust the individual surveyor (even if your neighbour appointed them first)
  • The surveyor has a good reputation for being balanced and professional
  • The works are relatively standard and the risk is moderate
  • Both parties are trying to keep costs proportionate and avoid duplication
  • The surveyor has not already taken a strongly partisan position

In these cases, moving to one Agreed Surveyor can reduce delay and avoid two sets of fees building up unnecessarily.


When it’s not ideal (or may be refused)

Even though it’s legally possible, it may not be the best choice if:

  • You feel the surveyor is aligned to the neighbour’s interests or tone
  • The surveyor has already written correspondence that feels one-sided
  • There’s low trust between neighbours
  • The project is high risk (basement/underpinning/complex excavation), where each side often prefers separate surveyors
  • The surveyor is not comfortable being the Agreed Surveyor due to perceived conflict or because it could undermine confidence in the process

A good surveyor will decline the role if they believe it could compromise perceived impartiality.


Important: what happens to costs and “who they represent”

If the adjoining owner’s surveyor becomes the Agreed Surveyor:

  • They are no longer acting solely for the adjoining owner in that matter
  • They owe a duty to act impartially under the Act
  • Fees to date may still need to be settled (work already done doesn’t disappear)
  • The Agreed Surveyor will usually confirm the appointment and fee basis in writing to both owners

Practical safeguards if you’re considering it

If you’re open to the adjoining owner’s surveyor acting as Agreed Surveyor, protect yourself by asking for:

  • A clear written confirmation that they will act as Agreed Surveyor under the Act
  • A transparent fee proposal (fixed vs hourly, what’s included, what triggers extras)
  • Confirmation of what documents they’ve reviewed and what they still need (drawings, structural details, method statement)
  • A commitment to a thorough Schedule of Condition and a practical, tailored Award
  • Clear procedures for damage, access, and inspections

A simple rule of thumb

If you’re comfortable that the surveyor is fair, responsive, and technically strong, it can be a good cost-saving route.
If you have any doubt about impartiality or tone, it’s often better to appoint your own surveyor and keep the process robust.


Want a quick view on whether it’s a good idea in your case?

Email mail@howorth.uk or call 07794 400 212 with your project type and where you are in the process (notice served / neighbour dissented / surveyor appointed). We’ll help you assess whether using the adjoining owner’s surveyor as the Agreed Surveyor is realistic—or whether appointing your own surveyor is the safer option.