The general rule
The Party Wall etc. Act 1996 is designed so that a neighbour is not left out of pocket by someone else’s building project. The building owner chooses to do the work and benefits from it, so as a general rule the building owner pays the reasonable costs of:
- their own surveyor
- the adjoining owner’s surveyor, where the neighbour appoints one
- the agreed surveyor, where the owners share one
- the schedule of condition and the award
The award itself says who pays what. In practice, for work that is for the building owner’s benefit, it says the building owner pays.
Who pays in common situations
| Situation | Who normally pays |
|---|---|
| The building owner’s own surveyor | Building owner |
| An agreed surveyor for both owners | Building owner, unless the award says otherwise |
| The adjoining owner’s surveyor, at a reasonable fee | Building owner |
| A schedule of condition of the neighbour’s property | Building owner |
| Making good damage caused by the work | Building owner |
| Extra work the neighbour asks for purely for their own benefit | Neighbour |
| Repairing a defective party wall | Shared, according to each owner’s use of the wall and responsibility for the defect |
| A third surveyor, if the two surveyors cannot agree | As the award decides |
Why “reasonable” matters
The building owner pays reasonable fees, not any fee. A neighbour’s surveyor is expected to charge what a competent surveyor would for the job, and to do only the work the dispute needs. If fees look too high, the first step is to ask for a breakdown. The costs are part of the award, so a disagreement can be taken up with the surveyors, and an award can be appealed to the county court within 14 days of service.
When the neighbour may pay
- Work for their own benefit. If the neighbour asks the building owner to include extra work that only they need, they can be asked to pay for it.
- A defective shared wall. Where repairs are needed because of a defect in a wall both owners use, the cost can be shared in proportion to use and to who is responsible for the defect.
- Unreasonable conduct. The award can allocate costs differently where one owner has run up costs unnecessarily.
Who pays if the work causes damage
The building owner must make good any damage the work causes to the adjoining property, or pay compensation. That is why a schedule of condition matters. It is the evidence of what was there before.
Who pays if the neighbour consents
If your neighbour consents in writing to a valid notice, there is no dispute, no award and no neighbour’s surveyor to pay. Your own costs are the notice, and a schedule of condition if you choose one. This is the cheapest route.
How building owners can keep costs down
- Ask your neighbour early. A friendly conversation before the notice arrives makes consent or an agreed surveyor more likely.
- Propose an agreed surveyor in your covering letter. One surveyor costs less than two.
- Serve a valid notice with good drawings. Errors and vague descriptions cause delay and extra fees.
- Serve all the notices together so that one award can deal with everything.
- Compare like with like. Some quotes are hourly estimates, some exclude VAT and some cover one neighbour only. Our fixed fees are £70 for a notice, £350 for a schedule of condition and from £600 for an award, with no VAT.
If you are the neighbour
You should not have to pay for protecting your home from someone else’s building work. If you are asked to pay, check the award and call us first. See help for adjoining owners.
Questions about who pays
Do I have to pay my neighbour’s surveyor?
If you are the building owner, usually yes, provided the fees are reasonable and the work is for your benefit. It is the price of the Act letting you build against or near a neighbour’s property. An agreed surveyor, one person acting for both of you, means you pay for only one.
My neighbour’s surveyor charges much more than mine. Do I have to pay it all?
You have to pay reasonable fees. If you think they are not, ask the surveyors to explain them, because the award can address costs. Either owner can also appeal an award to the county court within 14 days of it being served.
I am the neighbour and have been sent an invoice by the building owner’s surveyor. Must I pay it?
Not normally. As a general rule the adjoining owner does not pay for work that is for the building owner’s benefit. Check what the award says about costs, and call us before you pay anything.
Is VAT added to a surveyor’s fee?
Some firms add it and some do not. Our fees carry no VAT. When you compare quotes, check whether each one includes VAT, because the standard rate is 20% and it changes the total.