Overview
One of the most common questions in party wall matters is: who pays the surveyors' fees?
The short answer is that the building owner usually pays. The longer answer is that only reasonable fees should be paid, and exceptions do arise.
The usual rule
The building owner usually pays because their works have created the need for the party wall procedure.
That is the ordinary and sensible outcome in most residential matters.
The legal position
The Act gives surveyors power to determine costs. That means fee liability is not automatic. It is assessed by reference to what is fair and reasonable in the circumstances.
When fees may be reduced or shifted
Fees may be challenged where:
- the hourly rate is excessive;
- the time claimed is disproportionate;
- unnecessary correspondence has been generated;
- the surveyor has expanded the dispute unnecessarily;
- an advising engineer has been used but the surveyor's own fee has not reduced;
- one party has behaved unreasonably.
Role of the third surveyor
If the two surveyors cannot agree fees, the matter can be referred to the third surveyor.
The third surveyor can decide what is reasonable. Excessive or poorly evidenced fee claims can be reduced.
Practical advice for adjoining owners
Adjoining owners should choose carefully. Appointing an expensive or combative surveyor can create risk. If the fee is reduced, the appointing owner may face awkward questions about the excess.
Practical advice for building owners
Building owners should expect to pay reasonable costs, but should not be afraid to request:
- a fee breakdown;
- an explanation of time spent;
- evidence of outputs;
- justification for additional engineer input.