Ensuring Party Wall Fees Are “Reasonable”

Owners often worry when a neighbour appoints a surveyor without a pre-agreed fee. Under the Party Wall etc. Act 1996, that’s perfectly normal—what matters is that the final fee is reasonable.

The Legal Backbone (s.10(13))

  • The Act refers to “reasonable costs.”
  • Who pays and the amount (quantum) are decided by the appointed surveyors.
  • If the two surveyors can’t agree, the issue goes to the third surveyor for a binding decision.

In practice, the Adjoining Owner’s surveyor will usually propose a lump sum at the end of the job. The other surveyor reviews it against scope and complexity; if acceptable, it’s written into the Award for the Building Owner to pay.

How Reasonableness Is Assessed (in practice)

1) Was the time reasonably incurred?

Examples of unreasonable time:

  • Repeated or excessive requests outside the surveyor’s remit.
  • Prolonged hand-holding of the appointing owner beyond what’s necessary for the statutory role.
  • Duplicating reviews already completed to an adequate standard.

2) Is the hourly rate in line with skill and responsibility?

Rates differ—and that’s okay. A senior surveyor at a higher rate often completes tasks faster and to a higher standard. A productive way to test fees is to ask:

“How long should a competent surveyor at this stated rate reasonably take for each task?”

This task-based approach avoids sterile arguments about rate alone.

3) Is the time credible?

Exaggeration is hard to prove—so flip the question:

“What’s a reasonable time input for this scope?”
If the proposal materially exceeds a task-benchmarked allowance, trim to a fair figure.

Typical Workflow to Agreement

  1. Adjoining Owner’s surveyor submits a lump sum; time records retained and provided if requested.
  2. Building Owner’s surveyor tests scope → tasks → reasonable hours → outcome.
  3. Negotiate proportionate adjustments where justified.
  4. If still deadlocked, refer to the third surveyor, who receives short submissions and makes an Award on fees (and who pays the referral costs).

Red Flags That Inflate Fees (and How to Avoid Them)

  • Scope creep: Material design changes late in the day. → Keep notices/drawings accurate; notify changes promptly.
  • Scattergun correspondence: Endless micro-queries. → Consolidate questions; use a single RFI with clear deadlines.
  • Document churn: Multiple untracked revisions. → Version-control drawings and method statements.

A Practical, Task-Based Fee Test (use this lens)

For each major task, ask:

  • Purpose: Why was this task necessary under the Act?
  • Inputs: Which documents/drawings were reviewed?
  • Output: What decision/value did it produce (e.g., Award clause, protection measure)?
  • Time: What’s a reasonable hour range for a competent surveyor at the stated seniority?

Common tasks to benchmark:

  • Initial file review
  • Drawings & method review; protection measures
  • Drafting, negotiation, and service of the Award
  • Post-Award damage review/settlement (if applicable)

For Building Owners: How to Keep Fees Proportionate

  • Be accurate up front: Clear drawings, methods, and sequences save hours later.
  • Bundle communications: Weekly consolidated updates beat daily drips.
  • Offer access efficiently: One well-planned visit for the Schedule of Condition and any follow-ups.
  • Track changes: Material design tweaks often mean extra surveyor time; minimise mid-stream alterations.

For Adjoining Owners’ Surveyors: Fee Control

  • Keep concise timesheets (task-labelled).
  • Align effort to statutory need; avoid client-pressure detours.
  • Cite task benchmarks when justifying time, not just your rate.
  • Use short, focused submissions if a third-surveyor referral is likely.

If Agreement Fails

  • The fee question is referred to the third surveyor (brief written submissions).
  • The third surveyor issues an Award on quantum and cost apportionment (typically, the party whose position fails pays more of the referral cost).
  • Parties retain the usual right of appeal on proper grounds.

Want a calm, evidence-based fee review?

Email team@simplesurvey.co.uk. Simple Survey are the lowest-cost party wall surveyors across England & Wales—we’ll benchmark tasks, trim out non-statutory fluff, and agree robust, fair fees without unnecessary friction.