The short answer
The building owner usually pays, because their works created the need for the party wall procedure. But only reasonable fees should be paid, fee liability is not automatic, and exceptions do arise.
Why it matters
The Act gives surveyors power to determine costs, so fees are assessed by what is fair and reasonable in the circumstances — not simply waved through. Fees may be reduced or shifted 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.
If the two surveyors cannot agree fees, the matter can be referred to the third surveyor, who can reduce excessive or poorly evidenced claims.
What to do now
- If you are the building owner, expect to pay reasonable costs, but ask for a fee breakdown, an explanation of time spent, evidence of outputs, and justification for any engineer input.
- If you are the adjoining owner, choose your surveyor carefully — appointing an expensive or combative one carries risk, and if their fee is later reduced you may face awkward questions about the excess.
- Keep correspondence focused, so the time claimed stays proportionate.
Common mistakes
- Assuming “the building owner always pays”, so any fee must be met in full.
- Paying a fee claim with no breakdown or evidence.
- Adjoining owners appointing a combative surveyor on the assumption someone else foots the bill.
- Forgetting the third surveyor can be asked to assess disputed fees.
When to call Coburns
If you have received a fee claim that looks high, or want a surveyor who keeps costs proportionate from the start, send us the paperwork and we will review it.