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Understanding the costs and fees associated with the party wall process is helpful for any building project. Here’s a simplified guide to what you can expect. FACTORS AFFECTING PARTY WALL SURVEYOR FEESFee Structure:Hourly Rate: Some surveyors charge by the hour. Fixed Fee: Others offer a flat rate for the entire project. Menu pricing: A few offer a flat rate for each task. Menu pricing is clearly the best option. Hourly rate fee proposals are to be avoided as surveyors are not incentivised to be efficient and costs can rack up quickly. Acting as agreed surveyor:An Agreed Surveyor acts for both the building owner and the adjoining neighbour. This helps in keeping costs predictable and saves the often unnecessary additional fees of a second surveyor. Typically, they provide a fixed quote, payable by the building owner. Adjoining owner's surveyor:If the adjoining neighbour hires their own surveyor, the building owner usually has to pay for both surveyors. Appointing a second surveyor is a legal right of the adjoining owner but can double the costs. Building owners can ask if that person will act as the agreed surveyor. If they or the adjoining owner reject that request, it is fair to say they are incurring costs unnecessarily and relevant case law says the adjoining owner should then be responsible for the building owner’s surveyor’s reasonable fees (see Amir-Siddique v Kowaliw [2018]). Complex projects:Projects like basements may lead to additional costs such as: Engineer fees: If the adjoining owner’s surveyor hires an engineer, the building owner usually covers this cost. However, the adjoining owner’s fee should be reduced accordingly to reflect the need to buy in expertise. Design fees: Additional design work may be required. Monitoring costs: Large projects where there is significant risk might need movement monitoring. HANDLING FEE DISPUTESChallenging unreasonable fees:Discussion: Start with a direct conversation about the fee. Justification: Ask for justification, usually in the form of a detailed timesheet. Where the timesheet is insufficient, revert to examples of the usual costs of a local surveyor. Third Surveyor: If unresolved, a third surveyor can be called upon. They are chosen by the surveyors (where there are two) at the outset of the dispute resolution process and have the power to settle disputes. KEY TAKEAWAYS
Disclaimer:The information provided in this document is for general informational purposes only and does not constitute professional advice. While every effort has been made to ensure accuracy, it is not tailored to your specific situation. Always consult with a qualified professional before taking any action related to the issues discussed. The authors are not liable for any actions taken based on this content, and no legal relationship is formed by reading or interpreting this material.
Need help with a Party Wall Act issue? Contact Coburns Party Wall for expert advice and assistance.
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