Overview
Some adjoining owner surveyors present high hourly rates as if they are untouchable. They are not.
The Party Wall etc. Act 1996 allows surveyors to determine costs, but the fees must still be reasonable. A rate written on a fee proposal does not make it automatically recoverable.
The test is reasonableness
The key question is not simply: "What is the surveyor's hourly rate?"
The proper questions are: - was the work necessary? - was the time spent proportionate? - was the hourly rate reasonable for the work involved? - was the issue within the Act? - did the surveyor duplicate work unnecessarily? - did the surveyor use engineer input but still charge as though they performed the technical review themselves?
Why arbitrary rates are a problem
Hourly rates can reward inefficiency. If a surveyor charges a high rate and then spends excessive time on routine tasks, the resulting fee can be completely disproportionate.
That undermines public confidence in the party wall process.
What building owners should request
Where a fee appears high, ask for: - a detailed timesheet; - the hourly rate applied; - task descriptions; - copies of key outputs; - explanation of any disbursements; - justification for any engineer or specialist input.
A reasonable fee claim should be capable of explanation.
Comparison matters
It can be useful to compare the fee with what other competent local party wall surveyors would charge for similar work. A specialist fee may sometimes be justified, but routine domestic work should not attract disproportionate professional charges.
Referral to the third surveyor
If the appointed surveyors cannot agree the fee, the matter can be referred to the third surveyor. The third surveyor can reduce fees that are not reasonable or properly evidenced.