Who pays the Party Wall Surveyor fees? A guide for Building and Adjoining Owners

If you're about to embark on a building project — or you've just received a Party Wall Notice from next door — one of the first questions you'll likely ask is: who actually pays for all of this?

It's a fair question, and the good news is that the Party Wall etc. Act 1996 sets out a clear general principle. The bad news is that, like most things in construction, the detail is a little more nuanced.

The general rule: the Building Owner pays

The Building Owner is the person carrying out the works. Under the Act, they are responsible for meeting the reasonable costs of the party wall process — including the surveyor fees — because they are the one benefiting from the project and creating the need for the procedure in the first place.

This means that if you're extending your home and your neighbour dissents to your Party Wall Notice, you will ordinarily be expected to meet the costs of both your own surveyor and your neighbour's surveyor, should they choose to appoint one.

What if the Adjoining Owner appoints their own surveyor?

They are entitled to do so. Once a dispute is deemed to have arisen under the Act, each party has the right to appoint a surveyor. The two surveyors then work together (or, if they can't agree, defer to a Third Surveyor) to produce a Party Wall Award — a legally binding document setting out how the work will be carried out.

As the Building Owner, you will generally be responsible for the reasonable fees of both surveyors. This is why it's worth encouraging your neighbour to engage with the process constructively — an unnecessarily adversarial approach can drive costs up for everyone.

Are there exceptions?

Yes. Surveyor fees can, in some circumstances, be apportioned differently. For example:

• If an Adjoining Owner requests additional works to be included in the Award that go beyond what the Building Owner requires, they may be asked to contribute to the cost of those additions

• If the Adjoining Owner causes unnecessary delays or acts unreasonably, a surveyor can take this into account when determining who bears costs

• Where works are carried out partly for the benefit of the Adjoining Owner — such as repairing a shared wall — costs may be shared proportionately

What about the Adjoining Owner's own legal costs?

Surveyor fees under the Act are distinct from any separate legal or professional advice an Adjoining Owner might seek. The Act covers reasonable surveyor fees; it does not require the Building Owner to fund their neighbour's solicitor.

Plan ahead — and budget accordingly

Party wall fees are a legitimate and often unavoidable cost of building in England. Factoring them into your project budget from the outset — rather than treating them as a surprise — makes for a much smoother experience.

If you're unsure what to expect, speaking with a Party Wall Surveyor early in your project can help you plan with confidence.

Thinking about your next project? Contact us for straightforward, expert advice.

info@tpwp.co.uk