Who Appoints a Party Wall Surveyor?

If a dispute arises under the Party Wall etc. Act 1996, a party wall surveyor must be appointed to resolve the matter.

This usually happens when a neighbour serves a party wall notice and the adjoining owner either dissents or doesn’t respond within 14 days.

At that point, surveyors are appointed to assess the works and prepare a legally binding document known as a party wall award.

In this guide, we explain who appoints the surveyor and how the process works.

Who Can Appoint a Party Wall Surveyor?

Both parties involved in the process have the right to appoint a surveyor.

There are two possible options:

An agreed surveyor

Both neighbours may choose to appoint a single surveyor who acts impartially for both parties.

This option is often simpler and can reduce overall costs because it involves only one professional preparing the award.

Two surveyors

Under the Act, each party has the right to appoint their own surveyor. The two surveyors then work together to review the proposed works and agree on the party wall award.

Neither option is automatically better. The choice often depends on the project’s complexity and the relationship between neighbours.

Are Party Wall Surveyors Impartial?

Yes, under the Party Wall Act, all appointed party wall surveyors must be completely impartial – no matter who appointed them.

Although a surveyor may be appointed by one party, their duty is not to the person who appointed them. Their responsibility is to act impartially under the Party Wall Act.

This means the surveyor must consider the rights and interests of both the building owner and the adjoining owner.

Surveyors cannot act as advocates for one side. Their role is to apply the Act fairly and ensure the works proceed with appropriate safeguards.

What Happens If the Two Surveyors Disagree?

If two surveyors are appointed, their first duty is to select a third surveyor.

The third surveyor acts as an independent decision-maker in the event of a dispute between the two appointed surveyors.

In practice, the third surveyor is very rarely required because most matters are resolved between the two surveyors.

Can You Change Surveyor After a Party Wall Award?

Once a party wall award has been served, the surveyor’s role is largely complete.

If additional issues arise later, such as damage claims, the same surveyor may continue to deal with the matter.

Changing surveyors after an award has been issued is uncommon and may complicate the process.

If concerns arise during the process, it is usually better to address them before the award is finalised.

Can You Fire a Party Wall Surveyor?

A party wall surveyor appointed under the Act cannot simply be dismissed in the way you might replace a contractor.

Once appointed, the surveyor has a statutory role to perform, and if serious concerns arise about the surveyor’s conduct or impartiality, legal advice may be required. In rare cases, the court may become involved.

For this reason, it’s important to appoint a qualified and experienced surveyor from the outset, especially one who’s a member of a recognised body such as RICS.

What Happens After the Surveyor Is Appointed?

Once appointed, the surveyor will typically:

• Review the proposed works and drawings
• Inspect the adjoining property and prepare a schedule of condition
• Assess potential risks to neighbouring structures
• Agree protective measures where necessary
• Prepare the party wall award

The award sets out how the works should proceed and what protections must be in place.