A frequent question about Party Wall Agreements is: who pays for them? The simple answer is that the Building Owner usually covers the costs. According to the Party Wall etc. Act 1996, the Building Owner is the person or entity carrying out the construction work. Section 11(1) of the Act clearly states:
“Except as provided under this section, expenses of work under this Act shall be defrayed by the building owner.”
In most cases, the Building Owner is responsible for all costs related to the Party Wall Agreement. This includes surveyor fees, preparing the Party Wall Award, and any other related expenses.
However, there are exceptions where costs can be shared between the Building Owner and the Adjoining Owner. For example, if the work involves building, repairing, or modifying a Party Wall structure that benefits both parties, then the expenses may be divided fairly. This is covered by Section 11(5) of the Act, which allows for cost-sharing when both owners gain a benefit.
If there is a disagreement about how to split the costs, the appointed Party Wall Surveyors—whether two surveyors or a single agreed surveyor—have the authority to decide the appropriate division. Once their decision is included in the Party Wall Award, it becomes legally binding for both parties.
In summary, while the Building Owner generally pays for the Party Wall Agreement, the Act provides a fair process for sharing costs in certain situations, with disputes resolved by professional surveyors following the law.