The short answer
The third surveyor is an impartial statutory decision-maker selected by the two appointed surveyors at the outset, ready to determine a dispute if the two cannot agree. They are neither owner’s surveyor, and the role is one of the most important safeguards in the Act.
Why it matters
Selecting the third surveyor early means the fallback decision-maker is already in place before any major disagreement. Owners do not normally choose them, though they may object to a plainly unsuitable choice. The third surveyor can be called on to determine issues such as the scope of an award, access, protective measures, responsibility for damage, fees, security for expenses, or whether a clause is within the Act. They review the issue, consider submissions and evidence, and make a binding award or determination, subject to appeal to the county court within the statutory period. Without the role, one unreasonable surveyor could hold a project, or an adjoining owner, hostage.
What to do now
- Make sure a third surveyor is selected at the start, not left until a dispute erupts.
- If a referral is needed, define the specific issue clearly.
- Expect a firm, fair, proportionate decision, not more argument.
Common mistakes
- Leaving third surveyor selection until a deadlock has already formed.
- Referring vague or sprawling issues rather than a defined question.
- Expecting the third surveyor to act as an advocate.
When to call Coburns
If your matter is heading for deadlock, or you need a capable third surveyor, get in touch and we will help move it to a fair determination.