
Under the Party Wall etc. Act 1996, it is possible for two appointed party wall surveyors to disagree on certain aspects of a project. The legislation includes a clear process for resolving these situations through the involvement of a third surveyor, helping ensure matters can be resolved professionally without unnecessary delay.
This guide explains what happens when party wall surveyors disagree and how the Act ensures disputes can still be resolved fairly. Bloomsbury Surveyors advises clients across Brighton, Hove and Sussex on all aspects of the party wall process.
If you would like a general overview first, visit our Party Wall Act Explained page.
Although party wall surveyors aim to work collaboratively, disagreements can sometimes arise. This does not mean the process has failed. In many cases it simply reflects differing professional opinions on technical or procedural matters.
Common areas of disagreement may include:
The Act provides a structured mechanism to deal with these differences.
Where two surveyors cannot agree, either surveyor can refer the matter to the appointed third surveyor. The third surveyor acts independently and can make a determination on the issue.
This ensures that disagreements do not prevent progress and helps maintain fairness within the process.
You can read more on our Third Surveyor Party Wall page.
The third surveyor acts as an independent decision maker where required. Their role is not to replace the original surveyors but to determine specific matters referred to them.
The third surveyor helps:
In most cases, the involvement of the third surveyor helps resolve disagreements efficiently. The process is designed to avoid long delays and provide a clear path forward.
Early professional communication between surveyors often helps resolve matters before referral is necessary.
Not every issue is referred to the third surveyor. Usually only specific points of disagreement are referred rather than the entire project.
Examples may include:
Once the third surveyor determines the issue, the original surveyors normally continue with the process.
In practice, most party wall surveyors aim to reach agreement without needing third surveyor involvement. Disagreements are relatively uncommon but the safeguard exists to maintain confidence in the system.
Party wall surveyors are expected to act professionally and impartially. Their duty is to the Act rather than to the owner who appointed them. This helps maintain fairness and trust in the process.
You can read more on our Role of Party Wall Surveyor page.
Once the third surveyor has made a determination, the surveyors incorporate that decision into the Party Wall Award or into the ongoing process as appropriate.
The decision is normally binding within the framework of the Act.
The ability to resolve surveyor disagreements is an important part of the Party Wall Act. It helps prevent unnecessary disputes and ensures projects can proceed within a clear professional structure.
This process helps:
Bloomsbury Surveyors provides party wall advice across Brighton, Hove and Sussex. We assist building owners and adjoining owners with surveyor appointments, dispute resolution and professional guidance throughout the party wall process.
Our aim is to ensure matters are handled professionally and efficiently from the outset.
It can happen occasionally due to differing professional opinions, but the Act provides a clear resolution process.
The appointed third surveyor determines matters referred to them.
No. The process is designed to resolve disagreements and allow progress.
The third surveyor provides an independent professional determination where required.
Yes. We advise clients throughout Brighton, Hove and Sussex.
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