If you’re wondering who actually pays the Party Wall Surveyor fees, you’re not alone – it’s one of the most common questions we get.
Here’s the simple answer. Under the Party Wall etcetera Act 1996, the rule is this:
The building owner, who is the person doing the works, pays the surveyor fees.
Why you ask? Because they’re the one choosing to carry out the work that creates risk to the adjoining property. The Act is designed so that the neighbour, referred to as the adjoining owner, doesn’t have to pay to protect their own home from the building owner’s project.
The building owner will be bound to pay, their own Party Wall Surveyor’s reasonable fees. The adjoining owner’s surveyor’s reasonable fees, which are applicable if the neighbour dissents and appoints one. Or, the fee of an Agreed Surveyor, if both owners share the same surveyor.
When it comes to surveyor fees, the key word and control in the Act is “reasonable”. Surveyors can’t just charge whatever they like and expect it to stand. If one surveyor thinks another’s fee is excessive, the issue can be disputed, and if needed, referred to the Third Surveyor to decide what’s fair. Third Surveyors are applicable on all two surveyor cases.
There are a few exceptions to the rule, however these are rare and an adjoining owner will be made well aware of the exception before they respond to the Notice.
These scenarios are; where works are needed because a shared wall is in disrepair, and both owners use it. And, where a Third Surveyor is called in and resolves any dispute referred to them, at that point they will also decide the split in respect of costs.
Both of these scenarios are very rare, for most everyday projects such as loft conversions, extensions, chimney breast removals, structural works and so on, you can safely assume: If you’re the building owner, you’ll be footing the surveyor bill and If you’re the adjoining owner, you’ll get professional surveyor protection without paying the surveyor’s fees yourself.
If you need assistance with Party Wall Matters, give us a shout today.