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Resisting an adjoining owner's high fee claim

High party wall fee claims should not be accepted simply because they come from an adjoining owner’s surveyor. The building owner usually pays reasonable fees, not every fee d…

Overview

High party wall fee claims should not be accepted simply because they come from an adjoining owner's surveyor. The building owner usually pays reasonable fees, not every fee demanded.

A calm, evidence-based challenge is often the best response.

Ask for a detailed breakdown

Request a timesheet showing: - the work carried out; - the date of each task; - the time spent; - the hourly rate; - any disbursements; - the reason the work was necessary.

A vague invoice is not enough to justify a high fee.

Check whether the work was necessary

Ask whether the time claimed relates to work under the Party Wall etc. Act 1996. If the surveyor spent time on planning issues, general neighbour complaints or matters outside the notifiable works, those costs may not be recoverable through the award.

Compare the fee with the complexity

A high fee may be justified for complex basement works, underpinning or difficult damage disputes. It is much harder to justify for simple domestic works involving routine beam bearings or straightforward notices.

The fee should match the risk and complexity.

Negotiate first

Before referring the issue, try to resolve it between surveyors. Point out specific concerns and make a sensible counter-offer where appropriate.

Many fee disputes settle once the excess is properly identified.

Consider third surveyor referral

If the surveyors cannot agree, the fee dispute can be referred to the third surveyor. The third surveyor may reduce fees that are disproportionate, poorly evidenced or outside the Act.

A referral should still be proportionate. Do not spend more fighting the fee than the saving is worth.

Keep a clear record

Keep all emails, fee proposals, timesheets, offers and objections. If the matter is referred, a clear paper trail will help.

Takeaway

Resisting a high fee claim is not unreasonable. The question is simple: is the fee reasonable for the work properly carried out under the Act? If not, it should be challenged.

Disclaimer. This article is for general information only and is not legal or professional advice. It is not tailored to any specific property, project or dispute, and the law and its application can change. Always seek advice from a suitably qualified professional before taking action. Coburns Party Wall accepts no liability for action taken in reliance on this article.

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