Party Wall Disputes: Who Pays? A Simple Guide for Surrey and London Homeowners
Key Takeaways
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The general rule is that the building owner, meaning the person carrying out the works, normally pays the party wall surveyor costs, the award costs, and any repair costs tied to the works.
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An adjoining owner may only have to contribute where the work clearly benefits both properties, or where they ask for extra work beyond what the building owner needs.
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Even if the neighbour appoints their own surveyor, the article says the building owner will usually still cover both surveyors’ fees.
As experienced party wall surveyors in Surrey, we know how quickly things can get complicated and escalate when a party wall dispute arises. One common question always comes up: “Who actually pays for all of this?”
The short answer: The Building Owner (the person doing the work) normally pays for and covers the party wall surveyor’s costs, or both surveyors’ fees, the Party Wall Award, and any damage repairs if necessary. Typically, the Adjoining Owner will only pay if they request any additional work that directly benefits them.
So, if you’re planning building work on your property, or your neighbour is, you should familiarise yourself with the Party Wall Act 1996 to understand how this law is designed to protect both sides when work is carried out close to a shared wall, boundary or structure.
The general result and rule is that the Building Owner pays
Under the Party Wall Act, the Building Owner initiating the building works normally pays all reasonable costs associated with the process.
According to the law, they’re supposed to cover:
- Party wall surveyor fees
- The cost of preparing the Party Wall Award
- Engineering reports (if needed)
- Any monitoring or inspections
- Costs of making good any damage caused by the works
Why are they the ones responsible for paying when the wall is shared?
The Building Owner pays because they are the ones to benefit from the construction. The Act is designed to ensure the Adjoining Owner is not left out of pocket. However, there are a few instances in which the costs are shared.
If the work benefits both properties, the Adjoining Owner might have to cough up
When the works benefit both sides of the wall, the Adjoining Owner might be required, in this instance, to contribute to the cost. This is only applicable when the work is shared or jointly useful.
Under the Party Wall etc. Act 1996, cost-sharing happens when:
- The work is directly benefiting both properties (for example, rebuilding a party wall that is unsafe or in disrepair).
- If both owners gain from the improvement, costs are usually split fairly, often 50/50.
- The Adjoining Owner asks for extra work that goes beyond what the Building Owner needs for their project (they will pay for their portion, not the whole project).
- If the surveyors discover pre-existing damage that the Building Owner didn’t cause, the Adjoining Owner won’t be able to claim repair costs.
- If the Adjoining Owner causes unnecessary delays.
Situations when the Adjoining Owner will not pay
- The work is solely for the Building Owner’s benefit (e.g., a loft conversion, rear extension, or basement).
- The work would not be necessary if the Building Owner weren’t building.
- It offers no structural or functional improvement to the Adjoining Owner.
In these cases, the Building Owner pays everything, including both surveyors’ fees.
What if the Adjoining Owner appoints their own surveyor?
In some situations, your neighbour might not want to use your appointment party wall surveyor and will appoint their own. Unfortunately, the good news for them is that they won’t pay; the Building Owner will ensure both sides are represented fairly. Party Wall Surveyor Cost Guide.
Additionally, if the building work causes damage, the Building Owner will be solely responsible for repairing it and paying compensation, which is why a Schedule of Condition (a detailed photographic record of the neighbour’s property) is so important.
Involving a Party Wall Surveyor early will save you the headache
A Party Wall Award protects both neighbours, making sure:
- Work is carried out safely
- Damage is recorded and dealt with
- Communication stays clear and professional
- No one is unfairly out of pocket
This usually prevents disputes from escalating into something more stressful (or more expensive).
To sum up:
- If you’re doing the work, you pay the costs.
- If your neighbour wants extras or upgrades, they pay for those.
- If it benefits both sides fairly, you share the fees 50/50.
A party wall surveyor’s role is simply to make the process fair, transparent, and legally compliant for everyone involved. If you’re about to begin planning work, or have received a Party Wall Notice and are not sure what to do next and live in Surrey, contact Westville Associates, who can help guide you through the process.
Next Step
If you would like to talk to Simon about your party wall, then please contact him here or simply call 07834 761 411. We cover all of Surrey, Hampshire and London.
