Sometimes—but you shouldn’t rely on it, and it depends on how they are approached.
Under the Party Wall etc. Act 1996, the Third Surveyor is appointed (selected) by the two surveyors when there are two surveyors acting—one for the building owner and one for the adjoining owner. Their primary role is to act as an independent decision-maker if the two surveyors cannot agree on a specific issue. They are not usually involved day-to-day.
That said, in real-world practice, Third Surveyors are occasionally asked for a steer—however there are important limits.
What the Third Surveyor is there to do (their proper role)
The Third Surveyor’s formal function is to:
- be available if there is a deadlock between the two appointed surveyors, and
- make a binding determination (or produce/complete an Award) on the point referred.
In other words, they exist to stop the process stalling.
So can they give “informal advice”?
They may offer general procedural guidance (for example, clarifying how the Act is usually applied), but many Third Surveyors will be cautious about giving off-the-record opinions because:
- Impartiality matters: anything said informally can be perceived as “taking a side.”
- Due process matters: they usually want to see the documents and both positions properly before forming a view.
- It can prejudice later decisions: if they later have to decide the issue formally, informal comments can create arguments about bias or pre-judgment.
So while an informal steer sometimes happens, the better and more defensible route is a formal referral of the disputed point.
What “informal advice” usually looks like (when it happens)
If it’s offered at all, it’s typically limited to:
- confirming what information would be needed to determine a point,
- suggesting a sensible way for the two surveyors to narrow the dispute,
- encouraging a practical route to agreement,
- clarifying process (e.g., how a referral should be made).
It is less likely to be:
- a definitive view on who is “right,”
- a decision on costs,
- a binding position on damage causation or complex technical safeguards.
When you should request a formal Third Surveyor decision instead
If the disagreement affects progress or risk—such as:
- whether works are permitted under the Act,
- access arrangements,
- major safeguards (temporary support, sequencing, monitoring),
- whether damage was caused and what remedy applies,
- surveyor fee disputes,
then the safest path is to refer the issue formally to the Third Surveyor so they can issue a binding determination (often as part of an Award).
That avoids ambiguity and gives everyone something enforceable to follow.
Practical takeaway
- Yes, Third Surveyors sometimes give limited informal guidance.
- No, it’s not something you should bank on—many won’t, and informal comments aren’t binding.
- For anything that matters, a formal referral is usually the correct route.
Need advice on whether to involve the Third Surveyor?
Email mail@howorth.uk or call 07794 400 212 with a brief summary of the disagreement and what stage you’re at. We’ll help you decide whether an informal steer is realistic or whether a formal Third Surveyor determination is the best next step.