Who Pays for a Party Wall Surveyor?

When undertaking building work near or on a shared boundary, one of the most common questions is: Who pays for a Party Wall Surveyor? The answer, like much in property law, depends on the specific circumstances and the nature of the work involved.

Understanding the Party Wall etc. Act 1996

The Party Wall etc. Act 1996 provides a legal framework for resolving disputes between neighbours about party walls, boundary walls, and excavations near adjoining properties. The Act allows a building owner to carry out certain types of work, but only after serving formal notice on adjoining owners. If the adjoining owner consents, no dispute arises. If not, the Act deems a dispute to exist, and the parties must appoint surveyors.

The Act aims to protect both parties and allow necessary work to proceed with minimal risk to either property.

Who Usually Pays for a Party Wall Surveyor?

In most cases, the building owner—the person initiating the works—is responsible for the costs of the Party Wall Surveyor(s). This includes:

The building owner's own surveyor

The adjoining owner’s surveyor, if one is appointed

The third surveyor, if required

Legal Basis for Responsibility

Section 11 of the Party Wall etc. Act 1996 sets out who pays for a party wall surveyor as follows:

“Except as provided under this section expenses of work under this Act shall be defrayed by the building owner.”

This reflects the principle that the person benefiting from the works should bear the cost of administering the process. “Expenses” include the reasonable costs of making an award, inspecting the work, and resolving disputes.

When Might the Adjoining Owner Pay?

Although the building owner normally pays, there are exceptions. These typically arise when the adjoining owner:

Requests Additional Works
If the adjoining owner asks for extra work to be done for their benefit—such as raising a wall higher than the builder needs—then they must contribute to the cost.

Makes Use of the Wall Later
If the adjoining owner builds off a wall initially funded by the building owner, they may be required to repay a proportion.

Shares Use of a Defective Wall
If both parties use the wall and it's in disrepair, costs may be shared depending on use and responsibility for the defect.

Appointment of Surveyors

If a dispute arises, the parties can either:

Appoint a single “agreed surveyor”, or

Each appoint their own surveyor, who then selects a third surveyor

Surveyors produce a Party Wall Award, detailing the nature of the works, access arrangements, protections for the neighbour, and financial responsibilities.

Costs Incurred

Under Section 10(13), the surveyors can determine who pays for:

Making or obtaining the award

Inspecting the work

Any dispute resolution services required

What If the Adjoining Owner Appoints an Expensive Surveyor?

Surveyor fees must be reasonable. If a surveyor charges excessive fees, either party may call on the third surveyor to make a ruling. If this does not resolve the issue, either party can appeal to the county court.

What About Solicitor Fees?

The Act does not typically cover solicitor fees. Since surveyors resolve disputes, any legal advice taken is usually at the party’s own expense - unless a court orders otherwise.

Can Surveyors Act for Free?

While technically possible, this is rare. Surveyors assume legal responsibility and most charge fees to reflect their statutory obligations, professional expertise and the cost of indemnity insurance.

Common Scenarios Explained

Scenario 1: Loft Conversion with Steel Beams

A homeowner plans a loft conversion requiring steel beams into the party wall. The neighbour dissents and appoints a surveyor.

Outcome: The building owner pays both surveyors’ fees.

Scenario 2: Rear Extension with Excavation

The works include excavation within 3 metres of the neighbour’s foundations. The neighbour consents.

Outcome: No dispute arises. No surveyor fees incurred.

Scenario 3: Boundary Wall Rebuilt

A party fence wall is rebuilt due to dilapidation. Surveyors determine it is a shared responsibility.

Outcome: Costs are shared depending on usage and condition.

What If There Is No Response to the Notice?

If the adjoining owner fails to respond within 14 days, the law deems that a dispute has arisen.The building owner can then:

Appoint a surveyor

Appoint a surveyor on behalf of the adjoining owner (after 10 days)

The building owner generally remains liable for the surveyor costs.

FAQs: Who Pays for a Party Wall Surveyor?

Q1 : Can the adjoining owner refuse to appoint a surveyor to avoid costs? No. If they delay, the building owner can appoint one on their behalf and still bear the cost.

Q2 : Can the surveyor’s fees be negotiated? Yes. Fixed fees or hourly rates can be agreed in advance.

Q3 : What happens if both parties appoint the same surveyor? This “agreed surveyor” reduces costs. The building owner usually pays.

Q4 : Can an adjoining owner recover surveyor fees if they initiate a counter-notice? Possibly. If the counter-notice leads to extra work that benefits them, they may share the cost.

Q5 : What if a third surveyor becomes involved? Who pays? The building owner usually pays unless the third surveyor rules otherwise.

Q6 : Is VAT payable on surveyor fees? Yes, if the surveyor is VAT registered.

Key Takeaways - Who Pays for a Party Wall Surveyor?

The building owner usually pays for all surveyor fees under the Act.

Exceptions apply if the adjoining owner requests work or benefits from the construction.

Surveyor costs must be reasonable and proportionate.

Disputes over fees can be settled by the third surveyor or court.

Adjoining owners should act reasonably to avoid complications.

Get in Touch

If you’re unsure about your obligations or need support with a Party Wall Notice or surveyor appointment, get in touch with the expert team at Anstey Horne.

For advice direct from one of our Surveyors, please call our Enquiry line on 020 4534 3135.

If you would rather we called you instead, please fill in our Contact form and we will be in touch.

For a quick online quote for Party Wall advice, send us the details of your project. For more articles on all aspects of the Party Wall Act see our blog.

For advice direct from one of our Surveyors, please call our Enquiry line on 020 4534 3135.

If you are planning work that is covered by the Act, or if you have received notice of work from a neighbour and want advice on how best to protect your property please contact: