What the Act says about professional costs
Section 10 allows the surveyor or surveyors making the award to determine who pays the reasonable costs of obtaining the award, reasonable inspections and other matters arising from the dispute. The important words are reasonable and determine: cost allocation is part of the statutory process, not a blank cheque. [2]
Government guidance explains that the person carrying out the work usually pays. Costs can be shared where work is needed because a party structure is defective or in disrepair, depending on the circumstances and responsibility. [1][3]
What affects the amount?
A meaningful fee proposal needs a defined scope. Ask whether it includes notice review, inspection and the schedule of condition, consideration of the drawings, preparation and service of the award, inspections during the work and follow-up where the design changes. RICS guidance also addresses specialist engineering advice and the reasonableness of costs incurred in the dispute. [4]
Questions worth resolving before appointment include:
- Is the fee fixed for a stated scope, or charged by time?
- Which inspections and documents are included?
- How will additional work be authorised and recorded?
- Does the quote clearly state any VAT and expenses?
- How will another surveyor's or engineer's reasonable fees be dealt with? [4]
These questions help you compare the scope and cost of the proposed services. A short notice-only instruction is not equivalent to resolving a disputed basement scheme and monitoring its party wall works. [2][4]
The neighbour may bear particular costs
Section 11 contains exceptions to the building owner's usual responsibility for the work. They include certain shared repair costs and work requested or required by the adjoining owner. Later use of work originally funded by one owner can also lead to a contribution under the Act. [3]
Keep construction costs distinct from surveyor fees. A neighbour's request for an additional feature may affect the cost of the feature as well as the professional work needed to assess it. Do not agree the feature while leaving its payment entirely unaddressed. [3]
Challenge the basis, not just the total
Ask for the tasks, time and technical issues supporting a disputed fee. The statutory surveyors can determine reasonable costs within their jurisdiction. If the disputed amount is contained in an award, obtain advice promptly: the county court appeal period is 14 days from service, subject to the Act's wording. [2]
Independent legal advice or a separately commissioned service should have its own payment arrangement. Do not assume every professional bill can simply be transferred to the neighbour through the party wall award. [4]
A request for security for expenses is another distinct matter. Section 12 allows security to be agreed or determined where its requirements are met; it is not a standard surveyor fee or an automatic fixed deposit on every project. [3]