Surveyors

Why choosing an expensive surveyor can backfire

The fact that the building owner commonly pays reasonable adjoining-owner surveyor costs does not make price irrelevant.
Clear, practical guidanceThis article is written for adjoining owners. For advice about your own notice, award or neighbour’s works, speak to Coburns Party Wall.

Overview

Adjoining owners are often told that their surveyor is “free” because the building owner will pay the fee. That can encourage people to ignore price completely. It is a mistake. Under the Act, the issue is reasonable costs, not whatever figure a surveyor chooses to charge.

High fees can create their own dispute

If the adjoining owner’s surveyor seeks a fee that the building owner or the other surveyor considers excessive, the fee itself may become a disputed issue. That can create further correspondence, delay and potentially a third-surveyor referral.

The result can be perverse: the adjoining owner appointed a surveyor to reduce risk, but the surveyor’s own fee becomes one of the main disputes in the case.

Check the terms you are signing

Some appointment terms provide that, if part of the surveyor’s fee is not recovered from the building owner under the statutory process, the client may remain responsible for the shortfall. Whether such a term applies depends on the actual contract. Do not assume that “the neighbour pays” means you can never receive a bill.

  • Ask for the hourly rate or fee basis before appointing.
  • Ask whether there is a cap or estimate.
  • Ask who pays if the full fee is not awarded.
  • Ask what happens if the surveyor refers their own fee dispute to the third surveyor.
  • Read the appointment rather than relying on a verbal statement that the service is free.

Expensive does not necessarily mean better

A higher hourly rate may reflect experience and may be justified. Equally, an expensive surveyor can still be slow, overcomplicate the matter or spend time on issues that do not help you. Value is about the quality and necessity of the work, not simply the rate charged.

This page provides general information about the Party Wall etc. Act 1996 and common practice. It is not legal advice and does not replace advice on the facts of a particular matter.