Can a Party Wall Surveyor resign?

When you appoint a Party Wall Surveyor, you’re putting a lot of trust in them to guide you through what can often be a complicated process. Understandably, one of the most common questions we’re asked is:

“Can my surveyor step down once they’ve been appointed?”

The answer is yes—but only in certain situations. At M.G Party Wall Experts, we deal with this topic regularly, so here’s a clear, no-nonsense breakdown of how it works.

Once Appointed, a Surveyor Can’t Be Removed by You

Under Section 10(2) of the Party Wall etc. Act 1996, once a Party Wall Surveyor has been formally appointed, you can’t simply remove them, and neither can your neighbour.

This surprises a lot of people, but the reason is straightforward: a Party Wall Surveyor isn’t there to “take your side” or act as your representative. Their role is independent and impartial, more like a tribunal than a personal advisor. Once appointed, they have a legal duty to see the process through fairly and in line with the Act.

When a Party Wall Surveyor Can Resign

Although you can’t dismiss them, a Party Wall Surveyor can step down themselves—but only in limited circumstances. Under Section 10(5) of the Act, their appointment automatically ends if:

• They pass away,

• They become incapable of acting, or

• They deem themselves incapable of continuing.

It’s that last point that gives a surveyor the freedom to resign. “Deeming themselves incapable” doesn’t mean they have to be physically or mentally unable to act—it could be for a range of reasons, such as:

• Discovering a conflict of interest,

• Realising they don’t have the capacity to manage the workload,

• Facing personal circumstances that make it difficult to continue.

Importantly, they don’t have to give a detailed explanation, and no one can challenge their decision.

What Happens Next if They Step Down

What happens after a resignation depends on how the surveyor was originally appointed:

If You Appointed an Agreed Surveyor

If both you and your neighbour agreed to use the same surveyor, their resignation effectively resets the process. You’ll need to start again, appoint a new agreed surveyor, and re-serve notices if necessary.

If Each Party Appointed Their Own Surveyor

Where two surveyors are appointed—one for you and one for your neighbour—it’s a bit simpler:

• The party whose surveyor resigned will need to appoint a replacement.

• If they fail to do so, the remaining appointed surveyor and the third surveyor (nominated at the start) can still step in and complete the award under Sections 10(10) and 10(11) of the Act.

This avoids the process grinding to a halt and helps keep things moving.

Why Resignations Are Rare

In practice, resignations don’t happen often. At M.G Party Wall Experts, we take steps from the very beginning to avoid situations where stepping down might become necessary. Before we accept an appointment, we always:

• Check for any potential conflicts of interest,

• Make sure we have the capacity to manage your case properly, and

• Provide clear communication throughout the process so expectations are managed from day one.

Because of this approach, it’s rare for us—or any experienced surveyor—to resign once appointed.

Choosing the Right Surveyor Matters

Since you can’t remove a surveyor after appointment, it’s crucial to choose the right one from the start. At M.G Party Wall Experts, we pride ourselves on:

• Transparent advice before you appoint us,

• Efficient case management to minimise delays,

• Complete impartiality, ensuring a fair outcome for everyone involved, and

• In-depth knowledge of the Party Wall etc. Act 1996 to keep your project compliant at every step.

Making the right decision upfront can save you a lot of stress later on.

In Summary

While you can’t dismiss a Party Wall Surveyor once they’re appointed, they can step down themselves if they decide they can no longer act. If that happens, the next steps depend on how they were appointed—either restarting the process or appointing a replacement.

At M.G Party Wall Experts, we make sure your case is handled professionally, efficiently, and in full compliance with the Party Wall etc. Act 1996 from start to finish.

Need Expert Help?

If you have concerns about your current surveyor’s role or want clear advice before appointing one, our team is here to guide you.