10 Resolution of disputes
Party Wall etc Act 1996 (1996 c 40) | Legislation

Resolution of disputes

10  Resolution of disputes

(1)     Where a dispute arises or is deemed to have arisen between a building owner and an adjoining owner in respect of any matter connected with any work to which this Act relates either—

(a)     both parties shall concur in the appointment of one surveyor (in this section referred to as an “agreed surveyor”); or

(b)     each party shall appoint a surveyor and the two surveyors so appointed shall forthwith select a third surveyor (all of whom are in this section referred to as “the three surveyors”).

(2)     All appointments and selections made under this section shall be in writing and shall not be rescinded by either party.

(3)     If an agreed surveyor—

(a)     refuses to act;

(b)     neglects to act for a period of ten days beginning with the day on which either party serves a request on him;

(c)     dies before the dispute is settled; or

(d)     becomes or deems himself incapable of acting,

the proceedings for settling such dispute shall begin de novo.

(4)     If either party to the dispute—

(a)     refuses to appoint a surveyor under subsection (1)(b), or

(b)     neglects to appoint a surveyor under

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