Fees are often a source of concern in party wall matters—both for those who must pay them and for those tasked with setting what is reasonable. Questions also frequently arise about when fees should be paid.
It’s important to note that an Award cannot be withheld or delayed over fees. As a general rule, surveyor fees become payable once the Award has been served. That said, if both parties agree to interim payments or payments on account, this is acceptable provided it is documented properly within the Award itself.
What the Party Wall Act Says About Fees
Contrary to common belief, the Party Wall etc. Act 1996 does not state that all fees must automatically be paid. Instead, it leaves the matter to the discretion of the appointed surveyor(s).
- If two surveyors are appointed, they will determine whether fees should be paid, by whom, and in what amount.
- In most cases, the Building Owner is liable for reasonable surveyor fees.
- In rare situations, costs may be shared if the surveyors agree it is appropriate.
If an Award is uncontested after 14 days, the fees it contains must be paid. Failure to do so allows the unpaid surveyor to take the matter to court for enforcement.
If an Award is appealed on the grounds that fees are excessive, the court will decide what is reasonable. In practice, surveyors are expected to justify their charges, often by providing timesheets or a breakdown of work completed.
The Question of Hourly Rates
Hourly rates can be more complex. While experienced surveyors may command higher rates, efficiency does not always correlate with cost. Many firms strike a balance by having junior staff handle tasks such as condition surveys or routine communications, while senior surveyors focus on drafting and finalising the Award. This approach keeps costs fair while maintaining quality and consistency.
Principles of Reasonable Fees
Ultimately, fees should always be:
- Relevant — linked directly to the work required under the Act
- Reasonable — proportionate to the scale and complexity of the project
- Transparent — supported by breakdowns where necessary
Surveyors should ensure fees are fair from the outset, and Awards should not be finalised until any disputes over costs have been properly addressed.
In rare cases, if an Adjoining Owner causes deliberate delays or repeatedly misses appointments, it may be fair for them to contribute towards the additional costs incurred. However, in the majority of cases, surveyors and owners alike act reasonably, and disputes are resolved without unnecessary difficulty.
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