You’ve received a Party Wall Notice about building works next door, and your first thought is, “Am I going to be out of pocket?”
Or perhaps you’re the one planning the works and wondering if you can recover some of the costs from your neighbour.
Here’s the truth: under Section 11(1) of the Party Wall etc. Act 1996, the default position is simple — the Building Owner (the person doing the works) pays. But there are some important exceptions where the Adjoining Owner may be liable.
Let’s break down the scenarios.
Who Decides Who Pays?
Under Section 10(13) of the Act, the Party Wall Surveyor(s) decide:
“The reasonable costs incurred… shall be paid by such of the parties as the surveyor or surveyors making the award determine.”
That “reasonable” part is key. Costs must be fair, necessary, and proportionate to the works.
When the Adjoining Owner Pays
1. Unreasonable Demands
If the Adjoining Owner insists on unnecessary or excessive measures — like appointing extra professionals without justification — they may have to cover those costs themselves.
For example:
- Hiring a barrister for a straightforward job
- Requesting overly detailed reports for no practical reason
- Persistently delaying the process with unnecessary demands
2. Repairs Due to Damage or Neglect
Under Section 11(5)(b), if works are required because the Adjoining Owner caused damage or failed to maintain the wall, they are responsible for the costs.
3. Counter Notices
If the Adjoining Owner requests upgrades to the planned works (for example, better soundproofing or insulation), they pay the additional cost of those improvements.
Enclosure Costs
If the Building Owner builds against a wall the neighbour originally paid for, they may have to pay the neighbour a fair share for the benefit — this is called an “enclosure cost”. The surveyor will calculate this.
When the Building Owner Always Pays
- All reasonable costs for works under the Act (unless an exception applies)
- All damage caused by the works — either by repairing it directly or compensating the Adjoining Owner
Surveyors will usually carry out a pre-works inspection (Schedule of Condition) so any damage can be clearly identified and settled quickly.
Key Takeaway
While the default is that the Building Owner pays, there are clear situations where the Adjoining Owner can be liable. Understanding these rules early can prevent costly surprises and neighbourly disputes.
💡 Need clarity before you commit to costs? Email team@simplesurvey.co.uk and we’ll walk you through your rights and obligations under the Party Wall Act — without the jargon.