Under the Party Wall etc. Act 1996, when each owner appoints their own surveyor, the two surveyors must select a Third Surveyor.
The Third Surveyor is not appointed because everyone expects a problem. They are appointed as part of the statutory structure under Section 10 as a safeguard—someone who can step in if the two appointed surveyors cannot agree on a matter.
In the past, it was not unusual for Third Surveyors to be approached informally—by an owner, or by one of the surveyors—to “sound out” a view or discuss a dispute that was developing. In our experience, that culture has changed. Increasingly, Third Surveyors prefer to be engaged only through a formal referral, rather than informal conversations.
This article explains why that shift has happened, what it means in practice, and how to approach the Third Surveyor in a way that protects the process.
1) The Third Surveyor’s role
The Third Surveyor is often misunderstood. They are not a “tie-breaker you can lobby”. Their function is to remain independent and to decide matters referred to them under the Act where the two surveyors cannot agree.
Because the Third Surveyor’s value is impartiality, the process around contacting them matters. Anything that looks like one-sided influence—particularly direct approaches from owners—can raise concerns about fairness and the integrity of the statutory procedure.
2) The “old approach”: informal contact was more common
Historically, many Third Surveyors were willing (at least in some cases) to:
- discuss the nature of a developing disagreement with the appointed surveyors
- give informal procedural guidance
- have an initial conversation to sense-check the dispute before a formal referral
- comment generally on how they might interpret an issue (without formally “determining” it)
This often reflected a smaller professional community, a more informal working culture, and a desire to keep disputes moving without excessive paperwork.
3) The modern trend: Third Surveyors now often prefer formal referrals
In recent years, we have seen a noticeable trend: Third Surveyors are less likely to engage informally, and more likely to insist that:
- any approach is made by way of a formal referral, and
- the referral includes the relevant documents and both surveyors’ positions, and
- the other party and their surveyor are kept fully in the loop.
In practice, many Third Surveyors now avoid giving anything that could be interpreted as “advice” outside the formal referral route.
4) Why the shift has happened
There isn’t one single reason, but in our experience the change is driven by a combination of factors:
A) Professional risk and accountability
Third Surveyor decisions can be scrutinised and challenged. Informal discussions can later be portrayed as:
- pre-judgment
- bias
- private influence
- or “procedural unfairness”
A formal referral protects the Third Surveyor by ensuring there is a clear paper trail showing what was considered and how the decision was reached.
B) Clearer expectations around natural justice
There is greater sensitivity now to the principle that both owners should have:
- equal visibility of what is being considered
- a fair opportunity to respond
- a clear record of submissions
Informal contact, especially one-sided contact, can undermine that.
C) Efficiency and clarity
Informal conversations often start with partial information. A Third Surveyor may prefer:
- to see the Notice(s), plans, and draft Award wording
- to understand exactly what the two surveyors disagree on
- to be clear on what decision is being requested
A formal referral forces the dispute to be defined properly.
D) Avoiding “mission creep”
A quick chat can evolve into extensive involvement without clarity on:
- scope
- submissions
- decision points
- fees and time
Formal referral keeps the Third Surveyor’s involvement controlled and proportionate.
5) What this means for owners and surveyors in practice
For owners
It is increasingly unwise to contact the Third Surveyor directly to:
- argue your position
- seek informal advice
- ask “what do you think?”
- complain about one of the surveyors
- try to influence a future decision
Even if the intention is harmless, it can put the Third Surveyor in a difficult position and may be ignored or redirected.
For surveyors
If the Third Surveyor is likely to be needed, the most effective approach is usually:
- agree with the other surveyor what the issue is
- compile the documents and positions properly
- make a formal referral that is transparent, complete, and fair
6) What a “formal referral” typically looks like
While the details vary, a proper referral usually includes:
- a clear statement of the issue(s) being referred
- the relevant Party Wall Notice(s) and plans
- details of the dispute history and what has been agreed/not agreed
- each surveyor’s position (brief and focused)
- the draft Award clauses (if the dispute relates to Award wording)
- any evidence relevant to the decision (photos, engineer info, schedules of condition, etc.)
- confirmation that the other surveyor has been copied in
This helps the Third Surveyor make a clean, reasoned determination without relying on informal back-and-forth.
7) Best-practice guidance: how to approach the Third Surveyor today
Keep it transparent
If the Third Surveyor is contacted, it should be through the process and with all parties aware. Transparency preserves the integrity of the Act.
Define the dispute precisely
Third Surveyors are most effective when asked to decide a specific point, not to “take over” a general disagreement.
Provide complete information
Partial information leads to delay. A well-prepared referral is faster and reduces cost.
Avoid lobbying
The Third Surveyor is not there to be persuaded in private. The process works best when everything is on the record.
Key takeaway
While informal contact with Third Surveyors used to be more common, the modern trend is toward formal referrals. This reflects a stronger focus on impartiality, transparency, and defensible decision-making. If a dispute is developing, the safest and most effective route is usually to prepare a clear referral through the appointed surveyors, supported by the relevant documents and shared openly with all parties.
Need guidance on a Third Surveyor referral or dispute procedure?
Email mail@howorth.uk or call 07794 400 212. Tell us what the disagreement is about (access, Award wording, fees, damage, method statements, etc.), whether two surveyors are appointed, and where you are in the process. We can advise the most efficient and appropriate route to resolve the issue under the Act.