Who Pays for Party Wall Surveyor's Fees?

[edit] Introduction

The Party Wall etc. Act 1996 grants the owner of a property the legal right to undertake certain works that might otherwise constitute trespass or nuisance. It also seeks to protect the interests of adjoining owners from any potentially adverse effects that such works might have by imposing a requirement that all adjoining owners be given prior notice of them. In addition, the Act provides for a mandatory dispute resolution procedure mediated by a statutorily appointed surveyor or surveyors if neighbouring owners have concerns about the implementation of any proposal so notified.

In every normal circumstance where a building owner requires a Party Wall Award to be agreed, the building owner will cover the cost of the Surveyor or Surveyors, who have been appointed.

Fundamentally this is the correct procedure as the building owner is the owner undertaking the works, therefore the adjoining owner shouldn’t have to pay for a Party Wall Surveyor to agree a Party Wall Award due to the building owners choice to undertake notifiable Party Wall works.

[edit] What does the Party Wall Surveyor’s fee include?

Well generally, the building owner will cover the cost of both Party Wall Surveyors in undertaking the procedures that lead to the agreement of a Party Wall Award.

In respect of the building owner’s Party Wall Surveyor, the owner will typically pay a fixed fee. Whereas the adjoining owner’s Party Wall Surveyor will apply their hourly rate to any time spent on the matter. In accordance with Section 10 of the Party Wall etc Act 1996, the fee will include,

“The reasonable costs incurred in—

• (a) making or obtaining an award under this section;
• (b)reasonable inspections of work to which the award relates; and
• (c) any other matter arising out of the dispute,”

The Party Wall Surveyors roles will include everything from the file set up to correspondence, to drawing review, to Schedule of Condition Inspections, to agreeing the Party Wall Award itself.

However, there have been very rare cases whereby an adjoining owner would have to pay for Surveyor’s fees.

[edit] When does an adjoining owner pay a Party Wall Surveyor’s fees?

In accordance with the Party Wall etc Act 1996 and in particular Section 11(4):

“Where work is carried out in exercise of the right mentioned in section 2(2)(a), and the work is necessary on account of defect or want of repair of the structure or wall concerned, the expenses shall be defrayed by the building owner and the adjoining owner in such proportion as has regard to—

• (a) the use which the owners respectively make or may make of the structure or wall concerned; and
• (b) responsibility for the defect or want of repair concerned, if more than one owner makes use of the structure or wall concerned.”

For example, if the building owner was to propose demolishing and rebuilding a defective shared garden wall, the Party Wall Surveyors fees are to be shared between the two respective owners, as the works benefit not only the building owner but also the adjoining owner.

[edit] Related articles on Designing Buildings Wiki

• Adjoining buildings definition.
• Appointing consultants.
• Basement excavation.
• Building an extension.
• Conversion.
• De minimis.
• Derogation from grant.
• Fence.
• Line of junction notice.
• Load-bearing wall.
• Neighbour.
• Party structure notice.
• Party wall surveyor.
• Preventing wall collapse.
• Responsibility for boundary features.
• Right of support.
• Statutory approvals.
• Statutory authorities.
• Trespass.
• Wall types.
• What approvals are needed before construction begins.