When embarking on construction work that affects a shared wall or boundary with a neighbour, it’s essential to consider the legal obligations outlined in the Party Wall Act of 1996. Whether you’re building an extension, loft conversion, or carrying out structural alterations, you may need to appoint a party wall surveyor to ensure that the work complies with the necessary regulations.
One common question many property owners ask is whether the costs of hiring a party wall surveyor can be shared between neighbours. This blog will explain the details surrounding party wall surveyor costs, how they’re typically divided, and the circumstances under which neighbours may share the expense.
If you’re considering a party wall surveyor for your construction project, Simmons Taylor Hall provides expert guidance on party wall matters and can assist you with the legal requirements.
What is a Party Wall Surveyor?
A party wall surveyor is a specialist in the Party Wall Act, which covers works carried out on walls, floors, or boundaries shared between two properties. This act applies to properties that share party walls, floors, or boundaries, such as semi-detached houses, terraced homes, or buildings with adjoining walls. The role of the surveyor is to mediate and ensure that both parties—neighbouring property owners—agree to the proposed work. They act as neutral experts to protect both parties’ rights and interests during the construction process.
The surveyor will typically:
- Prepare a Party Wall Award, outlining the details of the planned works and any precautions needed to protect the neighbouring property.
- Address any potential damage risks.
- Resolve disputes and ensure that the work complies with the Party Wall Act.
While it’s the responsibility of the building owner (the person carrying out the work) to appoint the party wall surveyor, the question remains whether the costs of this professional service should be shared between neighbours.
Who Pays for a Party Wall Surveyor?
The general rule regarding party wall surveyor costs is that the building owner—the person undertaking the work—will usually be responsible for the fees associated with appointing the surveyor. However, the situation can become more complex depending on the circumstances, and there are instances when the neighbour may also incur costs.
Let’s break this down further:
1. The Building Owner Pays for the Surveyor’s Fees
In most cases, the building owner will bear the full costs of the party wall surveyor, particularly if the work is likely to cause disturbance to the neighbouring property. The reason for this is straightforward: since the building owner is initiating the work, they are typically expected to shoulder the financial burden associated with compliance with the Party Wall Act.
That said, if the neighbour does not agree with the works proposed, they may choose to appoint their own party wall surveyor. In this case, the costs of both surveyors will typically be borne by the building owner, although this can vary depending on how the Party Wall Award is structured.
2. Shared Costs for Jointly Appointed Surveyors
In cases where both the building owner and the neighbour agree to appoint a single surveyor to act on behalf of both parties, the costs can often be split. This typically happens when both parties are in agreement on the work to be carried out and there’s little or no dispute between the parties. If both neighbours agree to use a single surveyor, the costs are typically divided equally between the two parties.
However, it is important to note that even when a joint surveyor is appointed, the building owner remains primarily responsible for the costs of the surveyor’s services. This is because the work is still being carried out by the building owner. The neighbour, who may not be undertaking any construction work, may still incur some financial responsibility if they agree to share the surveyor’s fees.
3. Neighbour Appointing Their Own Surveyor
If the neighbour is not satisfied with the work proposed or feels that their property will be at risk due to the construction, they have the right to appoint their own party wall surveyor. This is typically done if the neighbour disagrees with the proposed work or wants additional assurances.
In such cases, the costs for the neighbour’s surveyor are typically borne by the building owner, who is liable for all surveyor costs associated with the party wall agreement. If there’s a dispute, both parties may need to appoint separate surveyors, and the costs of the surveyors are usually divided based on the Party Wall Award.
4. Dispute Resolution and Additional Costs
In some situations, a dispute between neighbours may arise regarding the proposed work or the terms of the Party Wall Award. In these cases, each party may need to appoint their own surveyor or an independent third-party surveyor may be appointed to act as an ‘agreed surveyor.’ This can lead to additional costs, and the building owner may still be responsible for the majority of the fees.
It’s important to keep in mind that the Party Wall Act is designed to help resolve disputes amicably, but in cases where there is significant disagreement, the costs associated with hiring surveyors can escalate.
What Factors Influence Who Pays for the Surveyor?
Several factors influence how party wall surveyor costs are divided between neighbours, and it’s essential to understand the various aspects that may come into play:
1. The Extent of the Works
The nature and scale of the proposed works often play a role in determining how the costs are divided. If the construction work is relatively minor and unlikely to cause disruption or risk to the neighbouring property, the building owner may be able to share the surveyor’s fees with the neighbour.
On the other hand, if the work involves significant alterations or structural changes—such as digging foundations or demolishing a wall—there may be more complex negotiations regarding the costs. In these cases, the building owner may be expected to cover the full costs, as the work could potentially cause significant disruption to the neighbouring property.
2. The Relationship Between Neighbours
In practice, the division of costs can sometimes depend on the relationship between the neighbours. If both parties are cooperative and willing to compromise, there may be an agreement to share the surveyor’s costs equally. However, if there is tension or disagreement between the neighbours, the building owner is likely to bear the full financial responsibility.
3. The Type of Surveyor Appointed
The fees for the party wall surveyor can also vary depending on whether a single surveyor is appointed for both parties or if each neighbour hires their own. A single surveyor is usually the more affordable option, and it can help streamline the process, but it requires both parties to be in agreement. If separate surveyors are appointed, the overall costs will be higher, as each party will be paying for their own surveyor’s time.
How Can You Minimise Party Wall Surveyor Costs?
While party wall surveyor costs can sometimes be unavoidable, there are ways to minimise the expense:
- Agree to a Single Surveyor: If both parties are in agreement about the proposed work, appointing a single surveyor can help reduce costs. This is often the simplest and most cost-effective option for both parties.
- Communicate Early: Clear communication with your neighbour at the start of the project can help prevent misunderstandings and avoid costly disputes later on. Discuss the work openly and try to reach a mutual understanding before involving surveyors.
- Negotiate Fairly: If a dispute does arise, try to negotiate in good faith and explore ways to reduce costs, such as sharing some of the responsibilities with your neighbour.
Conclusion
While the building owner is typically responsible for the costs of appointing a party wall surveyor, there are circumstances where the costs can be shared between neighbours. In cases where both parties agree to appoint a single surveyor, the costs are often divided equally. However, if there are disputes or if the neighbour appoints their surveyor, the building owner will usually bear the full costs.
Understanding the Party Wall Act and the costs involved can help you avoid disputes and ensure a smooth process. For expert advice on party wall matters and to ensure compliance with all legal requirements, Simmons Taylor Hall is your trusted partner in navigating the complexities of party wall issues.
By planning ahead, communicating effectively, and seeking professional advice, you can ensure that your project progresses without unnecessary conflict and expense.
