The two routes after dissent
Once a Section 3 or Section 6 notice is dissented (or no written consent has been given within 14 days), a deemed dispute can arise and the Act's surveyor process may follow. There are two ways to do this:
- Two-surveyor route: the building owner appoints one surveyor, the adjoining owner appoints another, and the two surveyors act together — appointing a third surveyor only if they can't agree.
- Agreed Surveyor route: both parties appoint a single surveyor who acts for both of them jointly.
The Agreed Surveyor route is usually faster and cheaper, since you're paying one set of fees rather than two, and there's no need to coordinate between two separate professionals.
Can the building owner's own surveyor become the Agreed Surveyor?
Yes. This is the point that trips people up. A surveyor initially instructed or nominated by the building owner can lawfully become the Agreed Surveyor, provided the adjoining owner is willing to accept them in that capacity. There's no rule in the Act that a surveyor must have been independently chosen from the outset, or that prior contact with one party disqualifies them from acting for both.
The reason this works is that the Act's impartiality requirement isn't a test applied before appointment — it's a statutory duty that attaches to the surveyor once appointed, whoever nominated them. An Agreed Surveyor is legally obliged to act impartially between both owners regardless of who first put their name forward. It's a duty on conduct, not a precondition on origin.
When it makes sense — and when it doesn't
The Agreed Surveyor route suits straightforward projects where the works are unlikely to be contentious and the adjoining owner is comfortable that a single surveyor can represent both interests fairly. It's less suitable where the adjoining owner has specific concerns they want independently represented, where the works are structurally complex or high-risk, or where trust between the parties has already broken down. An adjoining owner is always entitled to insist on their own separate surveyor — that right can't be waived by the building owner suggesting an Agreed Surveyor.
What actually happens if the neighbour won't agree
If the adjoining owner declines the Agreed Surveyor suggestion and appoints their own, the process simply moves to the two-surveyor route instead. Nothing is lost by proposing an Agreed Surveyor first — it's a suggestion, not an obligation on the adjoining owner to accept.
What this means for your notice
If you'd like to propose an Agreed Surveyor, your notice or covering letter can name a suggested surveyor for your neighbour to consider — but the choice remains theirs. The platform's role is to help you communicate that suggestion clearly; whether it's accepted is a matter between the parties, not something the notice itself can determine. If you're looking for a candidate, our surveyor directory covers England and Wales.