If you’re a building owner or an adjoining owner named in a Party Wall Award, the Award will almost certainly deal with surveyors’ fees. The legal basis is Section 10(13) of the Party Wall etc. Act 1996, which provides:
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 shall be paid by such of the parties as the surveyor or surveyors making the award determine.
Below is a practical guide to how this works in real life—what “reasonable” means, who usually pays, and how to keep costs under control.
1) What Section 10(13) Actually Covers
Under the Act, surveyors can include in the Award:
- Costs of making or obtaining the Award
Time spent reviewing drawings, liaising with the parties, drafting and finalising the Award, serving it properly, and handling service queries. - Reasonable inspections related to the Award
Typically includes pre- and post-work inspections the surveyors consider necessary to perform their statutory function (e.g., checking compliance, verifying damage outcomes, confirming completion). - Other matters arising out of the dispute
Necessary correspondence, technical queries with designers/contractors, proportionate administration of access and protections, and cost assessment tasks (e.g., reviewing repair quotations).
Key point: Only reasonable time and disbursements are recoverable. “Open cheque book” working is not contemplated by the Act.
2) “Reasonable” Costs—How Surveyors and Courts Think About It
The touchstone is proportionality, necessity and efficiency. Classic guidance often referenced by practitioners is the warning against turning routine tasks into an extravagance—famously summed up by judicial criticism of a surveyor who “made a three-course banquet out of what should have been a snack.” (Dust – v – Marioni Greenaway and MacNulty – 2004). The message is simple: costs must reflect what was reasonably needed for the job at hand.
In practice, surveyors look at:
- Complexity & risk of the works (basement > extension > simple beam insertion).
- Quality and completeness of the design pack (clear, coordinated information keeps time down).
- Efficiency of communication (avoiding duplication, sensible batching of queries, prompt replies).
- Outcome-driven drafting (a clear, usable Award without unnecessary padding).
- Transparent disbursements (printing, postage, travel—kept modest and evidenced).
Where one surveyor considers the other’s fees high, they should challenge, trim or justify before the Award is finalised. If agreement can’t be reached, the issue may be determined by the Third Surveyor (in two-surveyor appointments).
3) Who Pays—General Presumptions vs. Exceptions
- General position: The building owner usually pays the reasonable surveyors’ fees. That’s because the works are for the building owner’s benefit and the process is triggered by their Notice.
- Possible apportionment:
- Under Section 2(2)(b) repairs due to defect or want of repair, contribution can be shared under Section 11(5) (depending on use and responsibility for the defect).
- If an adjoining owner’s unreasonable conduct materially drives unnecessary cost (e.g., persistent non-cooperation, avoidable delay, or plainly disproportionate demands), surveyors can apportion some costs accordingly.
- Third Surveyor referrals: Costs are typically borne by the losing party, but third surveyors can apportion at their discretion.
- Inspections: Reasonable site inspections related to the Award are recoverable—again, proportionality is key.
4) Typical Cost Pitfalls (and How to Avoid Them)
Pitfall 1: Overdoing a simple job
- Avoid by: Providing a clean, final design pack; answering queries promptly; focusing on essentials.
Pitfall 2: Duplicate work by both surveyors
- Avoid by: Sensible division of labour; one consolidated pack; shared understanding of roles; avoiding repetitive correspondence.
Pitfall 3: Endless drafting iterations
- Avoid by: Agreeing structure and template early; resolving technical points before circulating “final” drafts.
Pitfall 4: Scope creep
- Avoid by: Keeping to notifiable matters; parking non-party-wall issues (e.g., boundary determination) with the correct specialists or forums.
5) How Fees Are Recorded and Challenged
- Within the Award: Surveyors will either fix the fee figure(s) or set a mechanism for later agreement (less common).
- Challenging fees before the Award: The counterpart surveyor should request time records, breakdowns and evidence for disbursements.
- After service of the Award: Any appeal must be lodged within 14 days of service, and must be based on error in the Award—not simply dislike of the level of fees. Appeals carry cost risk: always obtain legal advice first.
6) Practical Owner Tips to Keep Fees “Reasonable”
- Start with complete information: Final drawings, structural details, clear method notes.
- Respond quickly: Slow replies extend time on the clock.
- Choose experience over bluster: Efficient, RICS-qualified surveyors finish faster—and cleaner.
- Align the team: Let your designer and contractor know the Award’s requirements so avoidable frictions (and time) don’t accumulate.
- Stay professional: Escalation to third surveyor or legal routes increases costs—reserve it for genuine impasses.
Keep Costs Proportionate, Keep Projects Moving
Simple Survey (RICS) — Fixed fees, clear scope, nationwide coverage.
Email team@simplesurvey.co.uk with your drawings and a short brief. We’ll confirm what’s notifiable, outline the leanest route to a robust Award, and keep Section 10(13) costs firmly in the “reasonable” lane.
Simple Survey are experienced and RICS qualified.
Simple Survey — Fixed Nationwide Cost Chart (Guide)
| Service | What’s Included | Fixed Fee (incl. VAT) |
|---|---|---|
| Party Wall Notice (per Adjoining Owner) | Drafting, validity checks, compliant service & tracking | £25 |
| Agreed Surveyor Award | One impartial surveyor acting for both owners | £300 |
| Building Owner’s Surveyor Award | Acting for BO in a two-surveyor appointment | £300 |
Our fees are always fixed. We’re nationwide. We’re experienced and RICS-qualified.
FAQ
Q1: Must the building owner always pay all fees?
A: Usually, yes. But surveyors can apportion costs (e.g., repairs under s.2(2)(b)/s.11(5)) or where one party’s unreasonable conduct caused avoidable expense.
Q2: What if I think the other surveyor’s fee is too high?
A: Raise it before the Award is sealed—ask for a breakdown and justification. In two-surveyor cases, unresolved fee disputes can be referred to the Third Surveyor.
Q3: Are post-work inspections recoverable?
A: Yes—if reasonable and related to the Award’s administration (e.g., compliance checks, damage assessment).
Q4: Can I appeal the Award just because I dislike the fee figure?
A: Appeals must be based on legal error, not preference. They’re time-limited (14 days from service) and carry cost risk—seek legal advice first.
Q5: How can we keep everyone’s costs down?
A: Provide a complete design pack, respond promptly, choose an experienced RICS surveyor, and keep discussions focused on notifiable matters only.
Need a clean, defensible Award—and costs that stay reasonable?
Email: team@simplesurvey.co.uk for swift, RICS-qualified help.