If you are unhappy with your Party Wall Surveyor, the right “action” depends on what you’re unhappy about. In party wall matters, surveyors are appointed under statute and are expected to act impartially, so the most effective route is usually to identify whether the issue is:
- the content of the Party Wall Award,
- fees and costs, or
- professional conduct / service standards.
This article sets out the main options available in England & Wales and how to approach each one in a proportionate, professional way.
1) First, understand the surveyor’s role (and why this affects your options)
A party wall surveyor is not appointed like a typical “hired consultant”. RICS guidance explains that the role is a statutory appointment, personal to the surveyor, and independent of instructions from whoever appointed them.
This matters because it changes the dynamic:
- dissatisfaction is often best addressed through statutory mechanisms (e.g., appeal of an Award), rather than assuming you can “instruct” the surveyor to change their view; and
- you cannot simply remove a surveyor because you dislike the outcome. RICS’ consumer guidance is clear that once appointed, a surveyor cannot be removed by the appointing owner, so the appointment choice is important.
There are limited statutory situations where replacement is possible, such as where the surveyor dies or becomes incapable of acting.
2) If your issue is the Party Wall Award itself
Your main remedy is an appeal (strict deadline)
If you believe the Award is wrong, unreasonable, or outside the surveyor’s powers, the Act provides a clear route: either party may appeal to the County Court within 14 days of the Award being served. The court can rescind or modify the Award and make orders as to costs.
Practical tip: note the service date immediately, as the 14 days runs from service (not from when you “got around to reading it”).
Important distinction: appeal vs “complaint”
A professional-body complaint (e.g., to a regulator) usually will not change the Award. If your goal is to alter or overturn the Award, the statutory appeal route is the relevant mechanism.
3) If your issue is fees (high bills, unexplained charges, disproportionate time)
Fee disputes are common in party wall matters. Before escalating, take these steps:
Step A: Ask for an itemised breakdown
Request:
- time entries (or a clear narrative of work undertaken),
- the hourly rate (or fixed-fee scope),
- what is included vs treated as an “extra”.
Professional standards expect surveyors to work with due skill, care and diligence, and to be competent for the role.
Step B: Separate “party wall work” from non-party wall work
Fees are generally more defensible when they relate directly to statutory functions (reviewing proposals, inspections, Schedule of Condition, Award drafting). Charges for matters outside party wall functions can be more contentious.
Step C: If there are two surveyors, consider the Third Surveyor route
Where two surveyors are appointed, the Third Surveyor exists specifically to resolve deadlock on disputed matters (fees are a frequent referral point in practice). The Third Surveyor is selected early so disagreements don’t stall the process.
4) If your issue is conduct or service standards (bias, poor communication, delay, rudeness)
Where the problem is how the surveyor has behaved or managed the job, the most effective route is usually the surveyor/firm’s formal complaints process, followed by independent redress where available.
Step A: Use the surveyor’s Complaints Handling Procedure (CHP)
RICS requires regulated firms to publish a Complaints Handling Procedure, maintain a complaints log, and include an ADR (alternative dispute resolution) mechanism.
RICS also provides a template CHP structure (typically a two-stage process).
Ask the surveyor/firm for:
- their CHP document,
- the name of their ADR provider,
- and the next step if the complaint is not resolved.
Step B: Escalate to ADR where appropriate
For RICS-regulated firms that signpost to CEDR, CEDR explains that you can apply for adjudication after a deadlock letter is issued or once a specified period has elapsed.
Step C: If they are a member of a professional body (e.g., FPWS)
If the surveyor is a member of the Faculty of Party Wall Surveyors, you may raise a complaint under their disciplinary process. However, FPWS makes clear that disciplinary outcomes are about regulating member conduct and do not provide compensation/redress—that must come via the surveyor’s own complaints process and ADR/court routes where relevant.
5) If you believe you’ve suffered financial loss (professional negligence)
If the issue goes beyond poor service into actual loss caused by negligent advice or conduct, you may need legal advice on a potential civil claim. This is separate from:
- appealing an Award (which targets the Award), and
- professional-body discipline (which targets conduct standards).
Because negligence claims can be technical and fact-specific, it’s sensible to get early professional guidance.
6) A practical action checklist
- Identify the problem clearly: Award content, fees, or conduct.
- Gather documents: notices, appointment letters, the Award, fee invoices, emails, photos, timelines.
- Act promptly: especially if you may need to appeal (14-day limit).
- Use the right route:
- Award issue → appeal route
- Fees/service → CHP then ADR
- Conduct concerns → professional body/regulator (where applicable)
Need help choosing the right course of action?
If you want a clear view on your best next step—appeal, fees challenge, or a service complaint—email mail@howorth.uk or call 07794 400 212 with a copy of the Award (if relevant), the date it was served, and a short summary of what you’re unhappy about.