Refusing to Accept an Agreed Surveyor: What It Means and What Happens Next

When neighbours undertake building work that affects a shared wall or boundary, the Party Wall etc. Act 1996 comes into play. One of the key elements of this process is the appointment of a party wall surveyor. In many cases, neighbours agree to use a single ‘agreed surveyor’ to save time and cost. However, situations arise where one party refuses to accept the agreed surveyor.

This blog explores what it means when a neighbour refuses to accept an agreed surveyor, why it might happen, and what your options are under the law. If you're navigating party wall disputes, this insight can help you move forward without unnecessary conflict or delay.

Understanding the Role of an Agreed Surveyor

An agreed surveyor is a professional appointed by both parties to act impartially under the Party Wall Act. Their primary responsibilities include:

• Reviewing the building plans

• Assessing the potential impact on the adjoining property

• Preparing a Party Wall Award

• Resolving disputes regarding the proposed works

The agreed surveyor does not take sides. Their duty is to the Act itself, ensuring that legal rights are respected and risks managed fairly.

Using a single agreed surveyor is often quicker and more affordable than appointing two separate surveyors. But this path depends on mutual consent.

Why Might a Neighbour Refuse the Agreed Surveyor?

There are various reasons a neighbour might decline the use of an agreed surveyor:

1. Lack of Trust or Familiarity

The adjoining owner may feel uneasy appointing someone they don’t know or who appears to be associated with the building owner—even though the surveyor must remain impartial.

2. Perceived Conflict of Interest

If the surveyor has worked with the building owner in the past, the adjoining owner might suspect bias, even if unfounded.

3. Misunderstanding the Surveyor’s Role

Many people mistakenly believe the agreed surveyor works for the person who hired them first. In truth, once both parties agree to use them, they serve both parties equally.

4. Desire for Independent Representation

An adjoining owner might simply prefer to have their own independent surveyor to ensure their interests are protected.

5. Poor Communication

In some cases, tension between neighbours or unclear communication about the process can lead to rejection of the agreed surveyor.

What Happens If a Neighbour Refuses an Agreed Surveyor?

The Party Wall Act outlines what to do when an agreed surveyor cannot be appointed.

1. Each Party Appoints Their Own Surveyor

This is the standard alternative. If your neighbour refuses to agree on one surveyor, both parties must appoint separate surveyors. These surveyors will then:

• Conduct their own assessments

• Communicate and cooperate on resolving the dispute

• Jointly prepare the Party Wall Award

Each party pays for their own surveyor, although in some cases, the building owner may be responsible for both sets of fees (especially if the works are entirely for their benefit).

2. A Third Surveyor Is Named

In the two-surveyor route, both appointed surveyors must agree on a third surveyor. This individual steps in only if the original two surveyors cannot agree on a point of dispute. The third surveyor’s decision is legally binding.

Can You Force an Agreed Surveyor on a Neighbour?

No. Consent must be mutual. If the adjoining owner refuses, you cannot legally force them to agree. However, you can:

• Explain the impartiality of the agreed surveyor

• Reassure them about the surveyor’s duties under the Act

• Offer them time to do their own research or suggest an alternative agreed surveyor

Sometimes simply giving your neighbour space and information can ease concerns.

Legal Timeline and Responsibilities

If your neighbour refuses to appoint a surveyor within 14 days of receiving your party wall notice, you are entitled to appoint one on their behalf under Section 10(4) of the Act. But this does not mean choosing the agreed surveyor for them. You must appoint a separate surveyor to represent them.

What You Must NOT Do:

• Start work without a Party Wall Award

• Assume silence is consent after 14 days without taking formal steps

• Appoint a surveyor for the neighbour and insist they act as agreed surveyor

Proceeding without fulfilling the correct procedure could lead to injunctions or legal claims against you.

Financial Implications of Refusing an Agreed Surveyor

Opting for two separate surveyors can double the cost of surveyor fees. Typically:

• If the work benefits only the building owner, they cover all surveyor fees.

• If the work benefits both properties, costs may be shared.

That said, some neighbours don’t mind the extra cost in exchange for peace of mind.

Should You Push for an Agreed Surveyor?

It depends. While using an agreed surveyor is cost-effective and often efficient, it only works if trust and communication are strong. If relations with your neighbour are strained, pushing for this option might cause more delays.

Instead, it’s better to:

• Be open and cooperative

• Let your neighbour choose their own surveyor

• Focus on completing the process correctly, not cheaply

Practical Tips for Smooth Resolution

Open Early Communication: Share your party wall notice early, and explain why you think an agreed surveyor is beneficial.

Provide Neutral Surveyor Options: Suggest surveyors neither party has used before to ensure neutrality.

Respect Their Right to Choose: If they want their own surveyor, allow it. It’s their legal right.

Don’t Delay the Process: Follow the timelines set by the Act to avoid legal consequences.

Refusing to accept an agreed surveyor is a common issue in party wall procedures, and it’s not necessarily a hostile act. Often, it comes down to a desire for clarity, fairness, and personal representation.

As the building owner, your focus should be on compliance and clear communication—not cutting corners. If your neighbour prefers to appoint their own surveyor, embrace the process and work constructively with both professionals to get the Party Wall Award issued promptly.

Remember, a legally sound and amicable agreement today can prevent costly disputes tomorrow.

For more information you can call Express Party Wall Surveyor at 020 3633 0823 or contact us