The short answer
Making use costs (often wrongly called enclosure costs) arise under section 11(11) where a party fence wall is rebuilt as a party wall and the adjoining owner later makes use of it. They should not be guessed: the calculation is based on the cost of the relevant work at the time the later use is made, and the key question is which costs to include.
Why it matters
Section 11(11) requires an owner who makes use of work carried out at the building owner’s expense to pay a due proportion. The possible bases include:
- the whole new wall and foundation;
- the whole new wall, excluding the foundation;
- the new wall minus the area of the original party fence wall;
- the new wall minus the original wall area, but including the new foundation.
The right answer depends on the facts.
What to do now
- Identify what was built, what is now being used, the cost at the time of later use, and the proportion properly payable.
- Agree the calculation basis early to avoid disputes.
- Where the sums justify it, use informal third surveyor input or legal advice to avoid a disproportionate fight.
Common mistakes
- Guessing the figure rather than working from defined costs.
- Failing to agree the calculation basis at the outset.
- Ignoring the foundation question, which materially changes the sum.
When to call Coburns
For advice on making use costs and section 11(11), send us the wall history and figures and we will set out a defensible calculation.