Overview
A good third surveyor can rescue a difficult party wall matter. A poor one can make it more expensive, slower and less fair.
Because third surveyors may decide important issues, their selection should not be treated as a formality.
Impartiality
The first requirement is impartiality. A third surveyor must be independent of both owners and must not be influenced by commercial loyalty, professional friendships or a desire to protect one surveyor's position.
They must decide the point referred to them fairly and within the Act.
Proper knowledge of the Act
The third surveyor must understand the Party Wall etc. Act 1996 and the limits of surveyor jurisdiction.
This matters because many party wall disputes are not about construction detail. They are about whether the Act permits something, who should pay, whether a notice is valid, or whether a requested clause goes too far.
Practical experience
Experience matters. A third surveyor should have dealt with enough awards, referrals, fee disputes and damage claims to recognise what is normal, what is excessive and what is outside the Act.
Without practical experience, there is a risk of overcomplicating simple points.
Clear decision-making
A good third surveyor should make clear decisions. Owners and surveyors should be able to understand: - what issue was referred; - what evidence was considered; - what decision was made; - why that decision was reached; - who pays the reasonable costs.
Ambiguity creates further disputes.
Proportionality
Not every party wall dispute deserves heavy procedure. A good third surveyor keeps the referral proportionate to the value and importance of the issue.
Fee disputes, simple access points and minor drafting disagreements should not become mini-trials.
Strength under pressure
Third surveyor referrals can involve strong personalities and entrenched positions. A good third surveyor must remain calm, firm and independent.
They should not be drawn into advocacy, delay tactics or unnecessary correspondence.