Do I Have to Agree to My Neighbour's Surveyor?

Where a dispute arises under the Act, the owners can jointly appoint one agreed surveyor, or each appoint a surveyor and those two select a third. You do not have to accept the building owner's proposed surveyor. Discuss who will inspect your property and explain the proposed works before deciding.

Updated 6 October 2026. General guidance for owners in England and Wales.

An agreed surveyor acts for the process

An agreed surveyor must act impartially under the Act. A joint appointment can suit a straightforward matter where both owners are comfortable with the choice. Separate appointments can be appropriate where an owner wants their own surveyor to assess the issues and discuss concerns. Neither route creates a general veto over lawful works.

Understand the written appointment

Section 10 requires written appointments, which cannot simply be rescinded by either party. Check the surveyor's scope, fees and terms before signing. If a surveyor cannot act or neglects to act, the Act contains specific procedures; ask for advice rather than assuming you can freely replace them.

Reply promptly and check the costs

For a party structure or excavation notice, absence of written consent within 14 days triggers the Act's dispute procedure. New-wall notices under section 1 have different consequences, so first check which notice you have received. Respond promptly and keep the notice and delivery records. The building owner normally pays reasonable surveyor costs. Under section 10(13), the surveyors determine who pays reasonable costs arising from the dispute; section 11 separately addresses expenses of the works. Check the written appointment terms and agree the fee arrangements before instruction. Section 10(4) provides an appointment route for refusal or neglect to appoint for ten days following a written request. Do not leave the choice unresolved.

Common questions