When a Party Wall Notice is dissented to (or there’s no response), the Party Wall etc. Act 1996 gives two routes for resolving the matter:
- One Agreed Surveyor (a single surveyor acting for the matter), or
- Two Surveyors (one appointed by each owner), who must also select a Third Surveyor as a safeguard if they cannot agree.
Choosing the right route can have a direct impact on cost, speed, and how smoothly your project progresses. Below is a practical comparison and a decision framework you can use.
First, an important point about “sides”
Party wall surveyors are not meant to act like solicitors “fighting your corner.” Their appointment is statutory, and professional guidance emphasises the role is independent of instructions from the appointing party.
That said, the two-surveyor route often gives each owner greater confidence that their concerns are fully heard—particularly on higher-risk projects.
Option 1: Agreed Surveyor
What it is
Both owners jointly appoint one surveyor to deal with the dispute and, where required, produce the Party Wall Award. This is expressly allowed under section 10 of the Act.
Advantages
- Usually lower overall cost (one surveyor’s time, fewer duplicated letters/visits).
- Often faster for straightforward works (simpler communication and drafting).
- Less adversarial in tone—particularly helpful where neighbours are cooperative.
Potential drawbacks
- Both owners must trust the same person to act impartially.
- If either owner feels uneasy, confidence in the process can drop—even if the surveyor is acting correctly.
- On complex projects, one surveyor may still do an excellent job, but the adjoining owner may reasonably prefer their own surveyor for reassurance.
Best suited to
- Straightforward domestic works (typical loft conversions/standard extensions),
- Clear design information and sensible programme,
- Neighbours who communicate reasonably well.
Option 2: Two Surveyors (one each) + Third Surveyor “in reserve”
What it is
Each owner appoints a surveyor. Those two surveyors must select a Third Surveyor “forthwith” (at the outset).
The Third Surveyor is not usually involved day-to-day, but can be called upon by either owner or either surveyor to determine points the two surveyors cannot agree.
Advantages
- Greater confidence and representation: each owner has their own appointed professional voice.
- Well suited to higher-risk works, where scrutiny of method and safeguards is critical.
- Built-in deadlock mechanism: if the two surveyors can’t agree, referral to the Third Surveyor avoids the process stalling.
Potential drawbacks
- Usually higher cost, because there are two professionals involved.
- Can take longer, particularly if information is incomplete or positions harden.
- More correspondence and more scope for delay if communication isn’t managed efficiently.
Best suited to
- Higher-risk works (deep excavation, underpinning, basements, complex structural alterations),
- Situations with poor neighbour relations or low trust,
- Multi-owner scenarios (e.g., flats) where interests can be more complicated.
What both routes typically deliver
Whether you choose one surveyor or two, the surveyor(s) will normally consider the reasonableness of the works, how they will be carried out, and issue an Award setting out obligations—including provisions around fees.
A practical decision guide
Choose an Agreed Surveyor if:
- The works are low-to-moderate risk and clearly defined
- You and your neighbour are broadly cooperative
- You want to keep the process proportionate, quicker, and cost-effective
- You can both agree on a surveyor you trust to be fair
Choose Two Surveyors if:
- The works are complex/high-risk (or the neighbour is understandably anxious)
- You anticipate disagreement on access, method, safeguards, or damage risk
- Trust is limited and each party wants independent reassurance
- You want the protection of the Third Surveyor mechanism if deadlock arises
How to get the best outcome whichever route you choose
- Appoint early—late appointments are one of the biggest causes of delay.
- Provide a complete information pack (drawings, structural details, foundation/excavation method).
- Ensure the contractor understands and follows the Award conditions.
- Keep communications professional, prompt, and written where possible.
Need help choosing the right route for your project?
Email mail@howorth.uk or call 07794 400 212 with a brief outline of your works (extension/loft/basement), your intended start date, and whether your neighbour has consented or dissented. We’ll advise on the most proportionate approach—Agreed Surveyor or Two Surveyors—and how to keep the process efficient and compliant.
