Assumes an hourly rate of £150 per hour.

1. The quality and completeness of the design information
2. The complexity of the project
3. The level of risk of damage on the adjoining property
4. The quality and completeness of the draft award and schedule of condition prepared by the building owners surveyor
5. Whether a matter has had to be referred to the Third Surveyor

It should be noted that there is no upper limit on the costs, as long as fees are reasonable.

Once the awards are agreed the surveyors will apportion the “reasonable” fees. In usual circumstances fees will be payable by the building owner.

If there is concern over the fees then the matter may be referred to the third surveyor for a determination.

If an award is served containing unreasonable fees then it may be appealed, in the County Court, within 14 days of being served.

This action can incur additional cost, we always recommend that specialist advice is sought before referring a matter to the third surveyor or appealing an award.

The Act relates only to certain specific types of work and is permissive in nature. It should not be seen as a method of objecting to or preventing works and it is not intended to be applied to minor jobs that do not affect the structural integrity or loading of a party wall.

It is generally agreed that works such as fixing plug sockets, screwing in shelving or replastering walls are minor works and do not require a notice.

The workings of the Act are always instigated by the of issuing notices. This is the first stage of the process and, without the issue of valid notices, no further action can be taken under the provision of the Act.

Written notice must be served on adjoining owners at least two months before starting any party wall works (one month for works to the line of junction or excavations). All adjoining owners must be served a notice and there are likely to be instances where there is more than one adjoining property and more than one owner of each property (ie: if the adjoining property is split into flats and owned on a leasehold basis, notices will be required to both leaseholder and freeholder of all flats affected by the works). Works to a party wall, or those affecting a ceiling or floor, will also require a notice to adjoining owners living above or below.

It is essential to include the correct details on a notice as, if they are deemed invalid, then any subsequent actions are also invalid. If you are in any doubt as to who should receive a notice or what it should include then you should seek advice from a party wall surveyor – most will be happy to help free of charge.

On receipt of a notice, an adjoining owner has three possible courses of action:

1. To consent to the works going ahead as described. A consenting Adjoining Owner retains all rights under the Act including the right to appoint a surveyor later in the process if there is a dispute at that stage.
2. To dissent and appoint a surveyor. The Act allows the Owners to concur in the appointment of a single ‘Agreed’ surveyor or appoint their own separate surveyor.
3. Issue a counter notice to set out certain conditions required for the benefit of the Adjoining Owner. The Counter Notice should set out what additional or modified work the Adjoining Owner would like to be included for his benefit

In most cases, if the adjoining does not respond within 14 days then a deemed dispute is said to have occurred and the person carrying out the work must appoint a surveyor to act on the adjoining owners behalf.

If adjoining owners provide written consent to the works as set out within the notices, then there is no dispute to resolve and no further need for a party wall agreement. Assuming work proceeds as detailed within the notice and no damage is caused, then no further involvement is necessary.

If adjoining owners dissent to the works (or if no response is received and a deemed dissent has arisen) then a dispute has occurred which must be resolved under the requirements of Section 10 of The Act. It is worth reiterating that the Act is one of enablement, it is not there to prevent works from taking place and it offers a route to end disputes at every stage. Where written agreement is not given, the solution the Act provides is for both parties to appoint an ‘agreed surveyor’ who will act impartially or for each owner to appoint a surveyor who in turn appoint a third surveyor. The surveyors then work together to agree the terms under which work may proceed. The surveyor(s) will review the plans, notices and structural details of the works and, after considering the impact of the works, will draw up an agreement which sets out the terms under which work can be carried out (the Award).

The award will usually record the condition of the relevant part of adjoining property before work begins (this is not a requirement under the Act but is considered good practice and is duly provided by most good surveyors). The award may also grant access to both properties so that the works can be safely carried out and the surveyor/s can inspect work in progress.

Generally, the building owner who started the work pays for all expenses of work and the reasonable costs incurred by all parties as a result, this will include the surveyors fees for both Building Owner and Adjoining Owner.

The agreed surveyor route means the building owner is liable for one set of fees rather than two, so it is worth discussing with the adjoining owner to see if this is a viable option.

Competent architects and engineers should be aware of the information that is required for the party wall agreement. If there is any doubt then you should pass the design information to a party wall surveyor for comments on its adequacy before starting the party wall process.

Costs will be higher if the adjoining owners surveyor is spending significant amounts of time correcting mistakes or poorly presented information form the building owners surveyor.

The building owners surveyor is usually responsible for:

1. Preparing and sending notices
2. Preparing the schedule of condition
3. Preparing the draft award
4. Reviewing design information before sending on
5. Preparing the document register

If the one surveyor is spending time correcting mistakes made by the other then costs will be higher.

It is therefore worth checking the accreditation and experience of a surveyor before appointing them.

Do not be put off by a higher hourly rate. This will usually signify greater competency and experience so the process should go through quicker and smoother, meaning a lower total cost.

Often the cost of enforcing a particular point can outweigh the cost of agreeing to it, so a flexible and conciliatory approach can be an effective way of minimising costs.

If there is concern over the fees then the matter may be referred to the third surveyor for a determination.

If an award is served containing unreasonable fees then it may be appealed, in the County Court, within 14 days of being served.

This action can incur additional cost and we always recommend that specialist advice is sought before referring a matter to the third surveyor or appealing an award.

It is generally agreed that works such as fixing plug sockets, screwing in shelving or replastering walls are minor works and do not require a notice. If you are in London, and you have any doubt if your works require a notice to be served, please speak to our surveyors.

Written notice must be served on adjoining owners at least two months before starting any party wall works (one month for works to the line of junction or excavations). All adjoining owners must be served a notice and there are likely to be instances where there is more than one adjoining property and more than one owner of each. Works to a party wall, or those affecting a ceiling or floor, will also require a notice to adjoining owners living above or below.

It is essential to include the correct details on a notice as, if they are deemed invalid, then any subsequent actions are also invalid. Our surveyors are experienced at serving notices in London and Surrey. Please contact our Fulham office or our Thames Ditton office if you need any help.

Where written agreement is not given, the solution the Act provides is for both parties to appoint a surveyor. The surveyors then work together to agree the terms under which work may proceed. The surveyor(s) will review the plans, notices and structural details of the works and, after considering the impact of the works, will draw up an agreement which sets out the terms under which work can be carried out (the Award).

1. To consent to the works going ahead as described. A consenting Adjoining Owner retains all rights under the Act including the right to appoint a surveyor later in the process if there is a dispute at that stage.
2. To dissent and appoint a surveyor. The Act allows the Owners to concur in the appointment of a single ‘Agreed’ surveyor or appoint their own separate surveyor.
3. Issue a counter notice to set out certain conditions required for the benefit of the Adjoining Owner. The Counter Notice should set out what additional or modified work the Adjoining Owner would like to be included for his benefit

In most cases, if the adjoining does not respond within 14 days then a deemed dispute is said to have occurred and the person carrying out the work must appoint a surveyor to act on the adjoining owners behalf.
If adjoining owners provide written consent to the works as set out within the notices, then there is no dispute to resolve and no further need for party wall surveyors. Assuming work proceeds as detailed within the notice and no damage is caused, then no further involvement is necessary.

Where written agreement is not given, the solution the Act provides is for both parties to appoint a surveyor. The surveyors then work together to agree the terms under which work may proceed. The surveyor(s) will review the plans, notices and structural details of the works and, after considering the impact of the works, will draw up an agreement which sets out the terms under which work can be carried out (the Award).

The award may also grant access to both properties so that the works can be safely carried out and the surveyor/s can inspect work in progress.

Generally, the building owner who started the work pays for all expenses of work and the reasonable costs incurred by all parties as a result, this will include the surveyors fees for both Building Owner and Adjoining Owner.

The workings of the Act are always instigated by the of issuing notices.

Written notice must be served on adjoining owners at least two months before starting any party wall works (one month for works to the line of junction or excavations). All adjoining owners must be served a notice and there are likely to be instances where there is more than one adjoining property and more than one owner of each. Works to a party wall, or those affecting a ceiling or floor, will also require a notice to adjoining owners living above or below.

It is essential to include the correct details on a notice as, if they are deemed invalid, then any subsequent actions are also invalid. Our surveyors are experienced at serving notices in London and Surrey. Please contact our Fulham office or our Thames Ditton office if you need any help.

If adjoining owners dissent to the works then a dispute has occurred which must be resolved to allow works to proceed. It is worth reiterating that the Act is one of enablement, it is not there to prevent works from taking place and it offers a route to end disputes at every stage.

Where written agreement is not given, the solution the Act provides is for both parties to appoint a surveyor. The surveyors then work together to agree the terms under which work may proceed. The surveyor(s) will review the plans, notices and structural details of the works and, after considering the impact of the works, will draw up an agreement which sets out the terms under which work can be carried out (the Award).

The award will usually record the condition of the relevant part of adjoining property before work begins (this is not a requirement under the Act but is considered good practice and is duly provided by most good surveyors).

The award may also grant access to both properties so that the works can be safely carried out and the surveyor/s can inspect work in progress.

Generally, the building owner who started the work pays for all expenses of work and the reasonable costs incurred by all parties as a result, this will include the surveyors fees for both Building Owner and Adjoining Owner.

The Party Wall Act is not intended to be applied to minor jobs that do not affect the structural integrity or loading of a party wall.
It is generally agreed that works such as fixing plug sockets, screwing in shelving or replastering walls are minor works and do not require a notice. If you are in Surrey, and you have any doubt if your works require a notice to be served, please speak to our surveyors.
Notices
The workings of the Act are always instigated by the of issuing notices.
Written notice must be served on adjoining owners at least two months before starting any party wall works (one month for works to the line of junction or excavations). All adjoining owners must be served a notice and there are likely to be instances where there is more than one adjoining property and more than one owner of each. Works to a party wall, or those affecting a ceiling or floor, will also require a notice to adjoining owners living above or below.
It is essential to include the correct details on a notice as, if they are deemed invalid, then any subsequent actions are also invalid. Our surveyors are experienced at serving notices in London and Surrey. Please contact our Fulham office or our Thames Ditton office if you need any help.

The workings of the Act are always instigated by the of issuing notices.

Written notice must be served on adjoining owners at least two months before starting any party wall works (one month for works to the line of junction or excavations). All adjoining owners must be served a notice and there are likely to be instances where there is more than one adjoining property and more than one owner of each. Works to a party wall, or those affecting a ceiling or floor, will also require a notice to adjoining owners living above or below.
It is essential to include the correct details on a notice as, if they are deemed invalid, then any subsequent actions are also invalid. Our surveyors are experienced at serving notices in London and Surrey. Please contact our Fulham office or our Thames Ditton office if you need any help.

On receipt of a notice, an adjoining owner has three possible courses of action:

1. To consent to the works going ahead as described. A consenting Adjoining Owner retains all rights under the Act including the right to appoint a surveyor later in the process if there is a dispute at that stage.
2. To dissent and appoint a surveyor. The Act allows the Owners to concur in the appointment of a single ‘Agreed’ surveyor or appoint their own separate surveyor.
3. Issue a counter notice to set out certain conditions required for the benefit of the Adjoining Owner. The Counter Notice should set out what additional or modified work the Adjoining Owner would like to be included for his benefit
   In most cases, if the adjoining does not respond within 14 days then a deemed dispute is said to have occurred and the person carrying out the work must appoint a surveyor to act on the adjoining owners behalf.

If adjoining owners provide written consent to the works as set out within the notices, then there is no dispute to resolve and no further need for party wall surveyors. Assuming work proceeds as detailed within the notice and no damage is caused, then no further involvement is necessary.

If adjoining owners dissent to the works then a dispute has occurred which must be resolved to allow works to proceed. It is worth reiterating that the Act is one of enablement, it is not there to prevent works from taking place and it offers a route to end disputes at every stage.

Where written agreement is not given, the solution the Act provides is for both parties to appoint a surveyor. The surveyors then work together to agree the terms under which work may proceed. The surveyor(s) will review the plans, notices and structural details of the works and, after considering the impact of the works, will draw up an agreement which sets out the terms under which work can be carried out (the Award).

The award will usually record the condition of the relevant part of adjoining property before work begins (this is not a requirement under the Act but is considered good practice and is duly provided by most good surveyors).

The award may also grant access to both properties so that the works can be safely carried out and the surveyor/s can inspect work in progress.

Generally, the building owner who started the work pays for all expenses of work and the reasonable costs incurred by all parties as a result, this will include the surveyors fees for both Building Owner and Adjoining Owner.

The term “Adjoining Owner” covers any owner of land, buildings, storeys or rooms adjoining those of the Building Owner. Clearly the term “adjoining” requires some definition as it will vary depending on the type of work to be undertaken and the proximity between the two buildings. Under section 6 an Adjoining Owner can be an owner of buildings within 6m of the proposed work.

Section 20 contains the following definition of an Adjoining Owner:

“(a) a person in receipt of, or entitled to receive, the whole or part of the rents or profits of land;

(b) a person in possession of land, otherwise than as a mortgagee or as a tenant from year to year or for a lesser term or as a tenant at will;

(c) a purchaser of an interest in land under a contract for purchase or under an agreement for a lease, otherwise than under an agreement for a tenancy from year to year or for a lesser term;”

Section 20 defines the surveyor as:

“any person not being a party to the matter appointed or selected under section 10 to determine disputes in accordance with the procedures set out in this Act.”

If a dispute has arisen the parties are required to appoint a surveyor. This can be anyone that is not a party to the matter. The surveyor does not need to have any specific qualifications and he may already be involved in the works (ie: as an architect or engineer). While qualifications are not a requirement, it is generally accepted that a party wall surveyor should have experience and competence to be able to act in the role of an expert. The surveyor should at least be able to make basic judgments on the substantive issues without having to seek advice from other professionals.

The surveyor acting on behalf of the Adjoining Owner. As with the Building Owner’s surveyor, this person can be anybody not involved in the dispute.

The role of the Adjoining Owners Surveyor is primarily to represent the interests of the Adjoining Owner and ensure the correct implementation of the requirements of the Act. Key responsibilities include:

• Review and comment on the notices, with the intention of verifying their validity
• Cooperate in the forthwith selection of the Third Surveyor
• Ensure a Schedule a Conditions is carried out properly (not a requirement under the Act but generally considered as good practise)
• Review draft award documents and provide comments to ensure fair and comprehensive award(s) are served
• Countersign awards, document registers and schedules of condition

The Adjoining Owners surveyor will usually allow time within his fee to carry out a site inspection during the works and after completion. The purpose of these visits is to ensure work is progressing in accordance with the drawings and method statements and, after completion, to review the adjoining property against the schedule of condition and check for damage caused.

In instances where there are two surveyors appointed (one acting for the Building Owner and one acting for the Adjoining Owner) the first act they must undertake in resolving the dispute is to select a Third Surveyor. The usual process is that the Building Owners surveyor nominates three choices to the Adjoining Owners surveyor, who then proceeds to select their preferred option. If the Adjoining Owners surveyor does not feel any of the three choices are suitable they may decline to select any of them and suggest three alternatives. In instances where the two surveyors are unable to agree on the selection of the Third Surveyor they must refer it to the Appointed Officer within the local authority to make the selection.

The Third Surveyor does not need to agree to be selected and, often, he will not even be aware of his selection until called upon.

The Third Surveyor is usually an experienced specialist in party wall matters.

The role of the design engineers becomes even more prevalent on basement projects, where the design is far more involved and includes the temporary works (propping and temporary support details), reinforced concrete underpinning and retaining walls. The technical details of such a design may extend beyond the expertise of most surveyors, in which case it is prudent to engage the services of a checking engineer to assist in the evaluation of the design.

The cost of the checking engineers fees are usually written into the award and, as with the vast majority of costs uncured under the Act, are to be paid by the Building Owner.

Adjoining occupiers are obliged to allow entry under section 8 of the Act, subject to the requirements of notice in that section, and can commit an offence if they do not permit entry.