Overview
Adjoining owners are often told that they can appoint any surveyor they like and the building owner will pay. That is only half the story.
The building owner usually pays reasonable party wall surveyors' fees. Unreasonable fees can be challenged.
The hidden risk
If an adjoining owner appoints a fee-driven surveyor, the immediate bill may be sent to the building owner. However, that does not mean the fee will be accepted or awarded in full.
If the fee is excessive, unsupported or generated by unnecessary work, the building owner's surveyor may refuse to agree it. The matter may then be referred to the third surveyor.
Why that matters to the adjoining owner
A fee dispute can create risk for the very person the surveyor was supposed to help.
It may lead to: - delay; - neighbour hostility; - criticism of the surveyor's conduct; - reduction of the fee claimed; - possible pressure on the appointing owner if the shortfall is not recovered.
An adjoining owner should not assume that an expensive surveyor provides better protection.
Signs of a risky appointment
Be cautious where a surveyor: - encourages conflict from the outset; - says the building owner must pay without mentioning reasonableness; - refuses to discuss likely fees; - uses high hourly rates for routine work; - insists on unnecessary engineer input; - generates long emails that do not move the matter forward.
What adjoining owners should want
The best protection usually comes from a surveyor who is: - experienced; - impartial; - clear about fees; - focused on real risk; - willing to resolve disputes, not inflate them; - careful to stay within the Act.