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You’ve served your Party Wall Notice correctly and suggested appointing an Agreed Surveyor to keep the process efficient and cost-effective. However, your neighbour has formally refused.
While this can feel like a setback, it is important to understand that this situation is anticipated under the Party Wall Act 1996. A refusal does not prevent your works from proceeding; it simply means the matter moves from a streamlined route to a more formal statutory process.
Your neighbour is simply exercising their right to independent representation. The process changes, but your project remains on track. Here’s what happens next.
Your neighbour has the right under Section 10 of the Party Wall etc. Act 1996 to appoint their own surveyor. If an Agreed Surveyor is refused, the process moves forward with separate surveyors.
It is important to note that separate surveyors do not act against each other. All surveyors must remain impartial, comply with the Act, and ensure that works proceed lawfully for both parties.
If your neighbour has refused an Agreed Surveyor but has not yet appointed their own, the Act provides a clear enforcement mechanism.
Your surveyor will issue a Section 10(4) notice, giving your neighbour a formal 10-day period to nominate a suitably experienced surveyor. This is a strict statutory deadline designed to prevent unnecessary delay.
This is the most common outcome. Both surveyors will then work together to select a Third Surveyor as a safeguard in the event of disputes (though this is rarely required). As the Building Owner, you will be responsible for both surveyors’ fees where the works are solely for your benefit.
If no response is received within 10 days, your surveyor can appoint a surveyor on your neighbour’s behalf. This ensures the process cannot be delayed by non-response, allowing the Party Wall Award to be agreed and works to proceed lawfully.
Choosing the two-surveyor route means increased fees and a longer process, due to the need to coordinate between multiple parties. While this may feel frustrating, it’s the statutory process designed to protect everyone involved.
Taking these steps will help you navigate the process smoothly and avoid costly hold-ups.
A neighbour refusing or not responding to an Agreed Surveyor is a common part of the Party Wall Act process. It doesn’t stop your project but moves it to a more formal stage with separate surveyors.
By understanding your neighbour’s rights and following the correct steps, you can keep your project on track. If you need help, Party Walls Limited is here to guide you through the process smoothly and efficiently.
Has your neighbour dissented or refused an Agreed Surveyor?
Don't let the paperwork pile up. Contact Party Walls Limited today, and we will handle the 10-day notices and coordination with your neighbour’s surveyor to keep your project moving.
A: You can challenge fees if they are deemed "unreasonable." However, in London, "reasonable" is a broad range. Your surveyor will negotiate these fees on your behalf.
A: Yes. Two surveyors must now agree on the Schedule of Condition and the Award. This typically adds 3–4 weeks to the pre-construction phase.
A: This is why a Third Surveyor is selected at the start. They act as an arbitrator to make a final decision on any disputed points.
