How is a Third Surveyor Selected?The Third Surveyor is only relevant where the “two surveyors” route is used—meaning each owner appoints their own party wall surveyor. In that scenario, the Party Wall etc. Act 1996 requires the two appointed surveyors to select a Third Surveyor straight away (“forthwith”).
A key point that often surprises homeowners: the owners do not appoint the Third Surveyor directly. The two appointed surveyors select them, although owners can suggest suitable names.
Why the Third Surveyor is selected at the outset
The Third Surveyor is effectively an independent “referee” who can be called upon if the two appointed surveyors cannot agree. The Act allows either owner or either surveyor to refer a disputed matter to the Third Surveyor, who then makes the necessary award on that point.
Selecting the Third Surveyor early avoids delay if a disagreement arises later—particularly when the project is ready to proceed.
The selection process in practice
1) Both owners appoint their surveyors
Once each owner’s surveyor is formally appointed, the two surveyors move to Third Surveyor selection.
2) Surveyors propose suitable candidates
Typically, one surveyor will suggest a shortlist and the other surveyor will either agree or propose alternatives. Owners may suggest names, but the final decision sits with the surveyors.
3) The Third Surveyor is agreed “forthwith” and recorded
The two surveyors agree the Third Surveyor and confirm it in writing (often referenced later within the Party Wall Award paperwork).
4) Owners are informed
Good practice is to notify both owners of the Third Surveyor’s identity and retain their details in case a referral becomes necessary.
What surveyors look for in a Third Surveyor
Because the Third Surveyor may be asked to decide contentious issues—commonly fees, access arrangements, safeguards, or damage matters—the chosen individual is typically:
- demonstrably independent (no conflicts)
- experienced in party wall procedures and awards
- methodical and credible, with a reputation for balanced determinations
What if the two surveyors cannot agree?
It’s uncommon, but the Act provides a fallback. If a surveyor fails or neglects to agree the Third Surveyor, an appointing officer (and in some circumstances the Secretary of State) can select the Third Surveyor on application so the process can continue.
Need help selecting the right route or avoiding delay?
If you’re at the stage of appointing surveyors—or you’re concerned about how the Third Surveyor is being chosen—email mail@howorth.uk or call 07794 400 212. We can talk you through what should happen, how to keep the process proportionate, and what to do if the appointment process starts drifting.