Agreed Surveyor or Own Surveyor? A Guide for Adjoining Owners

When a Party Wall Notice lands on the doormat, one of the first decisions an Adjoining Owner faces is whether to agree to the same surveyor as their neighbour or appoint their own. Both routes are set out in the Party Wall etc. Act 1996, and both protect you. This guide explains how the choice of Agreed Surveyor or own surveyor works, and how to decide which suits you.

The short answer

Under Section 10(1) of the Party Wall etc. Act 1996, when a dispute arises the owners can either concur in appointing one Agreed Surveyor, or each appoint their own surveyor. An Agreed Surveyor must act impartially for both owners and is usually quicker and more economical. Appointing your own surveyor gives you a professional you have chosen, and the Building Owner normally pays the reasonable fees either way.

What is an Agreed Surveyor?

An Agreed Surveyor is a single surveyor appointed jointly by the Building Owner and the Adjoining Owner to resolve the dispute. Often it is the surveyor who served the notice on the Building Owner's behalf.

Although the Building Owner may have suggested them, an Agreed Surveyor does not act for either side. Their role under the Act is to decide matters fairly between both owners, prepare the Schedule of Condition and make the Party Wall Award.

What happens if I appoint my own surveyor?

If you prefer, you can appoint your own surveyor and the Building Owner keeps theirs. The Act stipulates that the two surveyors must then immediately select a Third Surveyor, who is only called upon if they cannot agree on something.

The two surveyors work together to agree the Party Wall Award. Each still has a duty to act impartially rather than as an advocate, but you have the reassurance of a professional you chose yourself, who will discuss the works and the Award with you directly.

Agreed Surveyor or own surveyor: which should I choose?

There is no wrong answer. The right route depends on the works and how comfortable you feel.

An Agreed Surveyor often suits:

• Straightforward works, such as a typical loft conversion or rear extension.
• Owners who are on good terms and want the process kept simple.
• Situations where the proposed surveyor is Chartered, experienced and regulated by RICS.

Your own surveyor may suit:

• More complex or higher risk works, such as basements or deep excavations near your foundations.
• Cases where you have concerns about the Building Owner or their contractor.
• Owners who simply prefer to have their own professional to speak to throughout.

Whoever you consider, check their qualifications and regulation. Our article on why to choose a Chartered, RICS-regulated party wall surveyor explains what to look for.

What does the Act say about appointing surveyors?

Section 10 sets out the rules, and a few points are worth knowing.

• Section 10(1)(a) allows both owners to concur in the appointment of one surveyor, the Agreed Surveyor.
• Section 10(1)(b) allows each owner to appoint a surveyor, with the two surveyors selecting a Third Surveyor.
• Section 10(2) stipulates that all appointments must be made in writing and cannot be rescinded.
• Section 10(4) provides that if an owner fails to appoint a surveyor within 10 days of a written request, the other owner may appoint one on their behalf.

That last point is important. If you ignore the process, a surveyor can be appointed for you, so it is always better to make the choice yourself. Our guide on what to do when you receive a Party Wall Notice walks through your options step by step.

Who pays for the surveyors?

In most cases the Building Owner pays the reasonable costs of the surveyors, because the work is being carried out for their benefit. This applies whether there is one Agreed Surveyor or two surveyors. Our article on who pays party wall surveyor fees explains how costs are dealt with in the Award.

Frequently asked questions

Can I change my mind after agreeing to an Agreed Surveyor?

No. Section 10(2) stipulates that an appointment, once made in writing, cannot be rescinded by either party. It is worth taking a little time to decide before you sign.

Is an Agreed Surveyor really impartial if my neighbour chose them?

They should be. The Act places the Agreed Surveyor in a statutory role, separate from either owner, and a Chartered surveyor is also bound by RICS professional standards.

Will appointing my own surveyor slow the works down?

Not necessarily. Two surveyors need to arrange inspections and agree the Award between them, which can add some time, particularly on complex schemes. On straightforward works, two experienced surveyors who communicate well can usually agree the Award without significant delay. The Building Owner's notice periods still apply in the usual way, so works cannot lawfully start until those have run or you have agreed to shorten them.

What if the Agreed Surveyor stops acting?

Under Section 10(3), if an Agreed Surveyor refuses to act, neglects to act for 10 days after a request, dies or becomes incapable, the process starts again from the beginning.

Speak to a Chartered party wall surveyor in North London

Hudson Party Wall Surveyors is a Chartered, RICS-regulated practice based in North Finchley, acting for Building Owners and Adjoining Owners across North London. Whether you want us to act as your own surveyor or as an Agreed Surveyor, we will explain your options clearly before you decide. Call Simon on 020 3488 7747 or email simon@hudsonpartywallsurveyors.co.uk.