Overview
Amir-Siddique v Kowaliw is often discussed because it challenges the lazy phrase, "the building owner always pays".
In normal cases, the building owner often pays the reasonable costs of the party wall process. But reasonableness still matters.
What happened
The dispute involved a loft conversion and chimney breast works. The adjoining owners refused to agree to an agreed surveyor and separate surveyors were appointed.
Fees were included in the award and the building owner challenged the position.
The important point
The court recognised that unreasonable behaviour by an adjoining owner can affect cost outcomes.
The decision was fact-sensitive, but the practical message is clear: costs are not immune from scrutiny simply because they appear in the party wall process.
Why it matters
Adjoining owners have the right to appoint their own surveyor. That right should not be used spitefully or to manufacture unnecessary cost.
Building owners who face excessive or unreasonable costs should document the conduct, make reasonable proposals and challenge proportionately.
Surveyor fees
The case also highlights a wider problem: fee disputes often become evidence-heavy because there is limited external guidance on reasonable hourly rates and reasonable time.
That is why clear scope, clear timesheets and proportionate conduct matter.