What is a Party Wall?

A party wall is a wall that stands on the boundary between two properties and is shared by the owners of both properties. This wall can be part of a building that divides two adjoining properties or could be a garden wall separating two pieces of land.

Understanding the concept of a party wall is important for property owners, particularly if they plan to undertake construction or renovation work that might affect the shared wall.

When do Party Wall disputes arise?

Party wall disputes often arise when one property owner decides to undertake renovations or make a change to their property. Under the Party Wall etc. Act 1996, a property owner (the person undertaking the work) who shares ownership of a wall is permitted to serve notice to the adjoining owner (the neighbour) without trespassing their property prior to works commencing.

Neighbours should be given two months’ written notice of any intentions before construction work begins so that they can agree or disagree with what is being proposed. Neighbours are given 14 days from when the notice was served to provide approval. If not, the work cannot go ahead as planned, and a Party Wall Agreement will be required.

Although the Party Wall Act enables the building owner to give notice that they intend to undertake building works, the adjoining owner can still object to the work, or they may fail to respond and consent to the notice. In these circumstances, the parties are deemed to be in a dispute.

To resolve this dispute, the neighbours may each appoint a surveyor or jointly appoint a single surveyor. This agreed surveyor would typically produce a legally binding document, also known as an Award, to settle the dispute between the two owners in the same way a judge would at Court.

If the adjoining owner decides to consent to their neighbour’s work, there would be no need for an Award or a party wall surveyor. Party Wall Surveyors are there for adjoining owners in case they want to instigate a dispute, so their interests are protected by someone who understands the dispute, is independent, and is familiar with the construction procedures and party wall matters.

Party Wall Disputes Costs

In most cases, all fees should be covered by the party completing the work in this type of dispute. They should also cover the adjoining owner’s surveyor if they wish to have a separate one.

The Party Wall Award should contain all information relating to the building work, such as the extent, restrictions on the timing of the works, and any further work that may be required. If this results in any losses or damages for the adjoining owner, the award should include a level of compensation that will be payable to the party who suffers.

If the owner disagrees with the surveyor’s award, they may appeal to the County Court. The award will only be overturned by the Court if they feel that the surveyors have not followed the dispute resolution procedure set out in the Act and failed in their statutory duty.

In some circumstances, a costs order will be made against the adjoining owner if, for example, they have acted unreasonably during the dispute. In the case of Amir-Siddique v Kowaliw & Anor (18 May 2018), an adjoining owner was held liable for payment of £595 for the fees of their appointed surveyor. The Judge held that the adjoining neighbour had acted unreasonably by not allowing the other party to use their preferred surveyor and no justification was given for this. This was described by the Judge as a “wholly unnecessary cost.”

Sometimes, the person responsible for paying may fail to do so. If this occurs, the other party can initiate legal proceedings to recover the debt. Under the Party Wall etc. Act 1996, these funds can be claimed through either the Magistrates Court or County Court.

Party Wall Surveyor Fees

Party wall surveyors’ fees can vary widely depending on several factors, including the complexity of the work, the location of the property, and the experience of the surveyor. They will need to see drawings of the planned works without the intention to redesign in order to find out whether it is eligible under the fixed fee arrangement.

Surveyor charges can be costly depending on the work which includes their travel time and the location. For instance, major works such as a basement excavation would mean that the building owner is charged on an hourly rate to include all correspondence between surveyors (not including a schedule of condition).

How can ARC Costs Assist? 

If you are involved in a party wall dispute and have obtained an order for party wall disputes costs, our team of Costs Lawyers and Draftsmen can assist by drafting a Bill of Costs and negotiating costs with the other side. If you have received a legal costs order against you, we can also help with Points of Dispute.

To discuss your party wall disputes costs further, please do not hesitate to contact us on 01204 397302 or email one of the team at info@arccosts.co.uk. Alternatively, you may complete our online enquiry form, and we will be in touch to discuss your query further on the same day.

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