The short answer
Once appointed under section 10, surveyors are statutory dispute resolvers, not agents, advocates or private advisers for the owner who appointed them. Giving one owner a private opinion on the merits compromises the impartiality the Act depends on.
Why it matters
A party wall surveyor must be seen to act independently; a private opinion on the merits can make them appear aligned with one owner, influence a party outside the award process, undermine the appearance of a fair tribunal, and make later awards more vulnerable to challenge. There is an important distinction between explaining procedure, which is fine, and privately coaching one owner on how to win a disputed point, which is not. Once a surveyor moves from neutral decision-maker to adviser the conflict is serious — they cannot be both tribunal member and advocate, and disclosure alone is unlikely to cure it where the opinion goes to the substance. The consequences can include loss of confidence, third surveyor applications, court challenges, complaints to professional bodies, and pressure to step aside.
What to do now
- As a surveyor, make decisions in awards, not in private conversations with one owner.
- Explain procedure freely, but do not coach one side on the merits.
- As an owner, be wary if your surveyor offers to privately argue your case — that is not their role.
Common mistakes
- Treating an appointed surveyor as your personal adviser.
- Confusing procedural explanation with private advice on the merits.
- Assuming disclosure cures a substantive conflict.
When to call Coburns
If you are unsure whether a surveyor is acting impartially, send us the position and we will advise on the proper boundaries of the role.