Overview
Party wall procedures sometimes begin and the building works are later postponed or abandoned. The question then becomes: who pays the surveyors' fees?
The answer is usually simple. Reasonable fees for work properly carried out still need to be dealt with.
Starting the process has consequences
Serving a party wall notice is not a casual step. It can trigger a statutory process requiring the adjoining owner to respond and, where there is a dispute, appoint a surveyor.
Once surveyors have been appointed, they may begin work before it is clear whether the building project will actually proceed.
Are surveyors still entitled to fees?
Yes, but only for work that was proper and reasonable.
If a surveyor has acted in good faith by reviewing notices, considering drawings, advising on the process or corresponding reasonably, they are normally entitled to be paid for that work.
Where a project is cancelled very early, the fee should usually be modest. It should reflect the limited work actually carried out, not a full award fee where no award was needed.
The sensible approach
If the works are not going ahead, the building owner or their surveyor should:
- tell the adjoining owner's surveyor promptly;
- confirm that the notified works are abandoned or postponed;
- request a brief breakdown of time incurred;
- pay reasonable costs without unnecessary argument.
Handled properly, this keeps the matter proportionate.
When problems arise
Problems usually arise where the building owner cancels the works but refuses to pay reasonable fees already incurred.
That can lead to further appointments, correspondence and possibly an award dealing with costs. Ironically, refusing to deal with a modest fee can create a much larger bill.
No blank cheque
Abandonment does not give surveyors a blank cheque. Fees must still be reasonable, necessary and properly connected to the party wall procedure.