If you’re planning building works or are concerned about works taking place next door, understanding the procedures and financial responsibilities under the Party Wall etc. Act 1996 is essential. This guide explains the role of party wall surveyors, who pays the fees, and what costs you may need to consider.
What is the Party Wall etc. Act 1996?
The Act regulates construction works that affect shared walls, boundaries, or neighbouring properties. It is designed to protect both building owners (those carrying out the works) and adjoining owners (the neighbours potentially affected).
It sets out a legal process to help avoid damage, prevent disputes, and ensure fair treatment for all parties involved.
Section 10: The Role of the Party Wall Surveyor
Under Section 10 of the Act, if a dispute arises between a building owner and an adjoining owner, one or more surveyors must be appointed to resolve it.
- The two owners may agree on a single Agreed Surveyor.
- Alternatively, each owner can appoint their own surveyor.
- If the appointed surveyors cannot agree, a Third Surveyor may be called upon to make a final decision.
The surveyor(s) will produce a legally binding Party Wall Award, which sets out how the works should proceed while protecting the adjoining owner’s property.
Who Pays the Costs?
In nearly all cases, the building owner is responsible for paying the surveyor’s reasonable fees. This is because the building owner benefits from the works, while the adjoining owner bears the risk of disruption or damage.
Only in limited circumstances—such as when disputes are prolonged or a third surveyor is required—might costs be shared differently.
Types of Fees and Costs Involved
1. Standard Party Wall Surveyor Fees
When a notice is served and the adjoining owner dissents, a surveyor is appointed. Their duties may include:
- Reviewing the notice and plans.
- Checking structural drawings and contractor method statements.
- Corresponding with both parties.
- Drafting and serving the Party Wall Award.
These services aim to minimise risk to the adjoining property. The building owner covers the costs.
2. Agreed Surveyor Fees
If both parties agree to use one surveyor, costs are generally lower since only one professional is paid.
- The Agreed Surveyor must act impartially, protecting both owners’ interests.
- They carry out the same duties as any other surveyor, but more cost-effectively.
3. Third Surveyor Fees
If the two appointed surveyors cannot agree, a Third Surveyor may be asked to decide.
- This is uncommon but ensures disputes can be resolved fairly.
- Fees may be split between the parties, though the Third Surveyor can direct who should bear the costs.
4. Specialist Costs (e.g. Structural Engineers)
On complex projects such as basement excavations, additional experts may be needed.
- A structural engineer might be instructed to assess risks and advise on technical matters.
- These fees are also the building owner’s responsibility.
5. Security for Expenses
Under Section 12 of the Act, an adjoining owner can request security for expenses.
- This usually involves the building owner depositing money in case works are delayed, abandoned, or cause damage.
- It is most often requested for higher-risk projects such as deep excavations.
6. Enclosure Costs
If a building owner makes use of an existing wall built by the adjoining owner, they may need to pay enclosure costs.
- This is a contribution towards the cost of constructing the wall originally.
- While it is an added expense, it is usually less than building a new wall from scratch.
Conclusion
The Party Wall etc. Act 1996 provides a fair framework to manage building works that affect neighbours. In most situations, the building owner pays all surveyor fees and related costs, though the precise amount will depend on the complexity of the project and whether additional surveyors or specialists are required.
By understanding the financial responsibilities early, building owners can budget properly and avoid unexpected disputes.
If you are a building owner or adjoining owner and need advice on surveyor costs, our experienced team can guide you through the process and ensure your project runs smoothly.