In today’s Property Surveying blog post, we are going to be looking at party wall surveying procedures. In particular, we are going to be taking a look at party wall surveying fees and costs.
This is a typical concern for building owners, as ultimately they will want to ensure that their professional fees and costs associated with their planned works are as low as they can possibly be.
Under the Party Wall etc. Act 1996, if a building owner is planning on undertaking specific construction works to their property, with those construction works falling within the realm of the Act’s definition of notifiable works, then the building owner will have a legal responsibility and duty to serve a Party Wall Notice upon an adjoining owner.
Party Wall Notice Dissent
One of the adjoining owner’s response options to that Party Wall Notice is to dissent.
In dissenting to the Party Wall Notice, the Party Wall etc. Act 1996 considers that a dispute has arisen and therefore a party wall surveyor will be required to formally resolve that dispute on behalf of both the building owner and adjoining owner.
It is important to note that the dispute is not the same as your conventional legal dispute, instead it is very much just the wording and terminology that the Act has relied upon.
In many cases, here at Stokemont we fully understand that there is often not a dispute, and adjoining owners aren’t against the planned works of the building owner. Instead, by dissenting to a Party Wall Notice they are often never doing more than simply wanting to have their property protected via the Party Wall etc. Act 1996.
What Does a Party Wall Surveyor Do?
With party wall surveyor input or party wall surveyor review, this review can include, however is not limited to;
- Reviewing construction works from the perspective of the adjoining owner’s property.
- Reviewing drawings.
- Reviewing structural information.
- Requesting and reviewing contractor method statements for works.
- Undertaking a pre works Schedule of Condition report.
- Agreeing a Party Wall Award.
- Undertaking a post works Schedule of Condition report.
All of these activities being undertaken by the party wall surveyor will result in professional fees and time.
The premise of the Party Wall etc. Act 1996, is that it would be unreasonable for an adjoining owner to have to bear the costs of their own party wall surveyor.
First and foremost, the planned works which are taking place are at the building owner’s decision and discretion, meaning that if an adjoining owner had to bear the costs of a party wall surveyor, they are effectively having to pay for protection from works they have no control over.
Who Pays the Party Wall Surveyor Costs?
Party wall surveyor fees are often a hot topic of dispute between the building owner and adjoining owner, in many cases the building owners will want to ensure the costs are as low as they can be.
While adjoining owners are likely to want to employ and appoint a party wall surveyor on their behalf who they feel is qualified and able to give them the level of service they require.
While the Act doesn’t stipulate that a building owner is responsible for party wall surveying costs, convention and normal practice denotes that they are.
In practice, it is the party wall surveyor, or party wall surveyors who determine and attribute the professional fees that building owner and adjoining owner incur.
However, it is conventional for the building owner to be responsible for the fees, for the very reasons we have set out as above.
What if I Don’t Want to Pay the Party Wall Surveyor Costs?
In the event hat the building owner’s party wall surveyor and adjoining owner’s party wall surveyor were to reach any form of disagreement or dispute in respect of the party wall surveying fees being charged, at that stage, the building owner has the legal right to dispute the adjoining owner’s party wall surveyor’s fees.
This dispute comes by way of third surveyor referral.
The third surveyor referral is the formal resolution mechanism that the Party Wall etc. Act 1996 sets out.
In effect, the first exercise and point of resolution that the two party wall surveyors will agree on is the selection of their third surveyor.
Their third surveyor will then act and resolve any matter that the two party wall surveyors, or two adjoining owners, or any combination of those, have been unable to agree.
The logic behind this, is that if the third surveyor dispute resolution mechanism did not exist, a building owner could quickly find themselves in a stalemate if indeed the party wall surveyors are unwilling or unable to agree or resolve matters.
Third surveyor referrals are relatively rare. Generally speaking party wall surveyors will naturally aim to avoid them. This can be achieved through a combination of discussion or working around the issue by way of additional information being provided.
In any event, if a third surveyor referral is made, both building owner and adjoining owner will have the legal right to equally refer matters to the third surveyor, in the hope that resolution can be achieved.
Third surveyor referrals naturally carry with them a risk. This risk is by way of the third surveyor’s fees in making their referral, along with the respective party wall surveyors’ fees in presenting their own respective referrals.
In laymen’s terms, this means that the losing party, or party with whom the third surveyor does not agree, could find themselves liable for professional fees and costs.
Again, coming back to the point we discussed previously, that party wall surveyors should do their very best to avoid third surveyor referral, as ultimately once the referral is made, owners are in the firing line for costs and fees which could normally have been avoided.
Party wall surveying disputes are naturally a confusing part of statute and law. Here at Stokemont, we specialise in party wall surveying matters.
As a firm, we are building surveyors at our core, we believe this sets us in a strong and unparallel position to administer the Party Wall etc. Act 1996 both neutrally and impartially.
Furthermore, the understanding of property construction that we possess sets us in good stead to easily resolve disputes relating to construction.
If you would like to discuss party wall surveying matters and procedures with our team of experienced and qualified party wall surveyors here at Stokemont, please feel free to give us a call today, or pop us an email, we will be more than happy to assist you.
