Overview
The third surveyor is one of the most important safeguards in the Party Wall etc. Act 1996. Their role is often misunderstood, but it can be vital when a dispute cannot be resolved by the two appointed surveyors.
What is a third surveyor?
Where two surveyors are appointed, they must select a third surveyor. The third surveyor is an impartial statutory decision-maker who can be called upon if a relevant dispute needs to be determined.
They are not the building owner's surveyor and they are not the adjoining owner's surveyor.
How is the third surveyor selected?
The two appointed surveyors select the third surveyor at the outset. This should happen before a major disagreement arises, so that the fallback decision-maker is already in place.
The owners do not normally select the third surveyor, although they may sometimes make observations if a proposed choice is plainly unsuitable.
When can the third surveyor be called upon?
The third surveyor may be called upon where a dispute requires determination. In practice, this often happens when the two appointed surveyors cannot agree.
Common issues include: - the scope of an award; - access arrangements; - protective measures; - responsibility for damage; - surveyors' fees; - security for expenses; - whether a proposed clause is within the Act.
What does the third surveyor do?
The third surveyor reviews the issue, considers submissions and evidence, and makes an award or determination within their jurisdiction.
That award is binding unless appealed to the county court within the statutory appeal period.
Why the role matters
A good third surveyor prevents deadlock. Without that role, one unreasonable surveyor could hold a project or an adjoining owner hostage.
The best third surveyors are firm, fair, experienced and proportionate. They understand that their role is not to create more argument, but to resolve the issue that has been referred.