At Simple Survey, our team has administered thousands of valid Party Wall Notices and Awards, calmly steering just as many “disputes” to resolution under the Party Wall etc. Act 1996.
A frequent worry—on both sides of the fence—is fees: who pays, what’s “reasonable,” and what happens if fees become a dispute in their own right?
This guide sets out the moving parts so you can plan with confidence.
1) Why fees exist at all: the Act creates a controlled “dispute”
Under Section 10(1) of the Act, once notifiable works are in play and the adjoining owner does not consent, a “dispute” arises (or is deemed to arise) and must be determined by surveyor(s). The Act then requires either:
- One Agreed Surveyor (both owners concur), or
- Two Surveyors (one for each owner) who forthwith select a third surveyor (for escalations only).
This isn’t a fight—it’s a statutory process to ensure proper protections, proportionate methods, and a clear route to dealing with damage or change.
2) Who pays party wall fees?
The Act empowers the Award to decide who pays what. Section 10(12)(c) says an Award may determine “any other matter… including the costs of making the award.” In practice on typical development projects:
- The Building Owner (the party doing the works) usually pays the reasonable costs of the party wall procedures:
- their own surveyor’s fees; and
- the Adjoining Owner’s surveyor’s fees (if a two-surveyor route is taken).
The rationale is simple: the Adjoining Owner didn’t choose the works; the law ensures they don’t pay to protect themselves from those works.
Bottom line: Expect the Building Owner to bear reasonable party wall costs unless the Act provides a specific basis for apportionment (e.g., certain Section 2(2)(b) repairs in want of repair, or Section 11 scenarios).
3) What does “reasonable” actually mean?
“Reasonable” is the key word that protects owners from open-ended or disproportionate charging. Reasonableness is assessed against:
- Scope: What tasks were genuinely needed to administer this file (drawings review, notices, inspections, Award drafting/service, targeted correspondence)?
- Complexity & risk: Basement underpins with design iterations and security for expenses require more time and skill than a simple beam pocket.
- Efficiency: Clear, focused correspondence; practical site inspections; concise Awards.
- Rates: Market-sensible hourly rates or a clear fixed fee.
If there’s a disagreement on fees, the Act has a referee.
4) If fees become a dispute: the third surveyor
Under Section 10(11), either owner or either appointed surveyor may call on the third surveyor to determine disputed matters—including fees. The third surveyor will look at evidence, necessity and proportionality, then make an Award on the amount(s) due.
Practical tip: A good surveyor works to avoid third-surveyor referrals by keeping scope tight, communicating early, and grounding decisions in the Act and facts.
5) Typical fee scenarios you should plan for
- Low-risk internal works (e.g., inserting steels, minor Section 2 works)
- Possible to proceed with Agreed Surveyor.
- Fixed-fee Awards are common when documentation is complete and methods are straightforward.
- Loft conversions / chimney breast removals
- Still Section 2 work, but with dust/vibration/weatherproofing considerations.
- Two surveyors may be preferred by an adjoining owner; costs reflect the added review and liaison.
- Extensions with Section 6 excavations
- Expect additional attention to foundation levels, trench support windows and access provisions.
- Fees align to drawings completeness and how quickly methods are confirmed.
- Underpinning / basements
- Highest admin burden: advising engineer input, method statements, security for expenses (Section 12), staged protections.
- Two surveyors are common; fees are higher and more variable with design iterations.
6) How to keep your costs controlled (without cutting corners)
For Building Owners
- Serve complete information early: final drawings, proposed sequences, any temporary works/method statements.
- Choose fixed fees where possible for standard scopes; confirm triggers for extras (e.g., redesigns).
- Nominate competent professionals: an experienced surveyor reduces back-and-forth and avoids unnecessary referrals.
- Brief your contractor on the Award: compliance prevents damage (and further surveying costs).
For Adjoining Owners
- Respond on time: engage within statutory periods so matters don’t escalate by default.
- Pick a surveyor with relevant experience (your property type & work type).
- Ask for plain-English explanations: what’s being protected and why—that focus keeps scope proportionate.
7) What exactly is covered by surveyor fees?
- Valid Notice drafting/service and tracking
- Review of drawings/methods; targeted queries
- Schedule of protections and access conditions (where relevant)
- Award drafting, negotiation and service
- Reasonable inspections tied to the works and risk profile
- Managing damage procedures and variation routes named in the Award
- Where necessary: third surveyor referral preparation (if engaged)
(The above is indicative; your file’s scope will be tailored to the actual works.)
Simple Survey — Fixed Nationwide Cost Chart (Guide)
| Service | What’s Included | Fixed Fee (incl. VAT) |
|---|---|---|
| Party Wall Notice (per Adjoining Owner) | Compliance check, drafting, service & response tracking | £25 |
| Agreed Surveyor Award | Single impartial surveyor acting for both owners | £300 |
| Building Owner’s Surveyor Award | Acting for Building Owner in a two-surveyor route | £300 |
Our fees are always fixed. We’re nationwide. We’re experienced and RICS-qualified.
Why Simple Survey?
- Act-first, facts-first: Every position we take is anchored in the Act and practical construction risk.
- RICS-qualified surveyors with deep building pathology knowledge.
- Clarity & calm: Plain-English documents; proactive timelines; minimal fuss.
Ready to keep costs clear, controlled and reasonable?
Email: team@simplesurvey.co.uk
Fixed fees. Nationwide coverage. Experienced. RICS-qualified.
FAQ
Q1: Can an Adjoining Owner ever end up paying?
A: Typically no for development-driven works. However, the Act allows apportionment in specific scenarios (e.g., Section 2(2)(b) want-of-repair cases; certain Section 11 cost sharings). Your surveyor will flag if such provisions genuinely apply.
Q2: What if a surveyor’s fees feel excessive?
A: “Reasonable” is the legal test. The Award will decide what’s payable. If there’s disagreement, the matter can be referred to the third surveyor for a binding determination on quantum.
Q3: Can we agree a cap upfront?
A: Yes—fixed fees (with clear inclusions) are often the cleanest route. Just define what triggers extras (e.g., redesigns, new drawings, third-surveyor referrals).
Q4: How can we avoid fee creep?
A: Provide final drawings and methods early, answer technical questions quickly, and keep correspondence concise and on-point. Good preparation saves hours.
Simple Survey — party wall made simple, costs made clear.
team@simplesurvey.co.uk