Party Wall Fees Guide
At Oakfield Surveyors, we regularly prepare fee proposals for party wall services. Building owners often seek the assurance of a fixed fee for their party wall surveyor. As experienced specialists in party wall matters, we are able to provide such clarity. However, a more challenging question is determining the likely fees for the adjoining owner’s surveyor.
It is important to note that the surveyor representing the adjoining owner(s) is not expected to provide an upfront fee quote. The reason for this is that the time required to agree upon and serve a party wall award can vary significantly. Even when the proposed works are fully detailed, the time involved depends largely on the quality of the information provided. The adjoining owner’s surveyor will typically only confirm their fee once all other aspects have been agreed, with the final cost being a function of the time spent, multiplied by their hourly rate.
The Party Wall etc. Act 1996 includes mechanisms designed to keep fees reasonable. Below, I outline a few of these mechanisms, but the best approach is for your surveyor to leverage their skill and experience to identify potential issues in advance and minimise the time required by the adjoining owner’s surveyor.
1. Drafting Notices
The first step in the process involves the service of notices, and the accuracy of these notices can greatly affect the amount of time the adjoining owner’s surveyor will spend. It is crucial that all works falling within the scope of the Act are clearly included, all adjoining owners are correctly identified, and their details cross-referenced with Land Registry records. Furthermore, all necessary information for the notices to be valid should be included. Any errors will likely result in the adjoining owner’s surveyor pointing them out, requiring new notices to be issued, and adding additional costs to their timesheet.
2. Anticipating Queries
An experienced surveyor should also be proactive in addressing potential queries related to the proposed works. For example, if access is required, it must be confirmed that a right of access exists under the Act or whether the drawings need to be updated to reflect this. Are there any projections or elements in the designs that could cause issues or require express consent? By anticipating these issues in advance, unnecessary discussions and delays can be avoided, thereby reducing costs.
3. Drafting Documents
The quality of draft documents is another important consideration. Has the latest RICS template been used? Has it been updated to reflect the specific details of the proposed works? Are unnecessary clauses removed, and additional clauses included where applicable? As someone who regularly reviews awards prepared by other surveyors, I can tell you that the quality of draft documents can vary considerably. Ensuring that these documents are well-prepared in advance helps avoid unnecessary revisions and additional costs.
Minimising Fees by Getting Things Right in Advance
As you can see, the more work you do upfront, the less scope there will be for the adjoining owner’s surveyor to escalate their fees. Therefore, it is essential to appoint a surveyor with the experience and skills to handle these matters efficiently. While they may not always be the cheapest, their expertise can prevent unnecessary delays and costs.
What to Do if Fees Are Higher Than Expected
If the fee proposed by the adjoining owner’s surveyor is significantly higher than anticipated, there are a few strategies to keep in mind:
Fees Should Not Delay the Award
Surveyor fees should not delay the process of serving the award. If all material matters have been agreed upon, the award should be served with an ‘on account’ fee included. The adjoining owner’s surveyor’s fee can still be negotiated later, but serving the award promptly removes the risk of delays being used as leverage, which is not acceptable. If the adjoining owner’s surveyor refuses to serve the award, your surveyor should approach the Third Surveyor to get involved (an award requires the signatures of only two out of the three appointed surveyors).
Disagreements Over Fees
If the appointed surveyors cannot agree on the adjoining owner’s surveyor’s fee, the matter should be referred to the Third Surveyor for determination. If this occurs, I recommend that you ask your surveyor to request a copy of the supporting timesheet. If the timesheet includes entries for time spent correcting your surveyor’s work, it is advisable to try to reach a compromise. The Third Surveyor will likely consider these entries reasonable and will charge to explain this in their determination.