Party Wall Agreement Surveyor: Who Pays?
If you are planning any building work for your property which involves the party wall or boundary, then you will need to obtain a party wall agreement. This is a legal document that sets out the rights and responsibilities of the parties involved in the proposed work. However, the question that often arises is who pays for the party wall agreement surveyor?
The answer is that it depends on the circumstances of the case. Generally speaking, the party who initiates the building work is responsible for paying for the party wall agreement surveyor, as they are the ones who stand to benefit from the work. However, there are some exceptions to this rule, which we will explore further.
What is a Party Wall Agreement Surveyor?
A party wall agreement surveyor is a qualified professional who is appointed to resolve disputes between neighbours who are undertaking building work that affects a shared wall or boundary. They are responsible for ensuring that the building work does not cause damage to the shared wall or boundary, and that the rights of both parties are respected.
The party wall agreement surveyor will carry out a site inspection and produce a party wall agreement document that sets out the details of the proposed work, the rights and obligations of each party, and any necessary safeguards to protect the interests of both parties.
Who Pays for the Party Wall Agreement Surveyor?
As mentioned earlier, the party who initiates the building work is usually responsible for paying for the party wall agreement surveyor. This is because they are the ones who will benefit from the work, and it is their responsibility to ensure that the work does not cause any damage to the shared wall or boundary.
However, there are some exceptions to this rule. For example, if the proposed building work is for the repair or maintenance of an existing wall or boundary, then the party who owns the wall or boundary is responsible for paying for the party wall agreement surveyor.
Similarly, if the proposed building work is being carried out due to a defect in the wall or boundary that was caused by a previous building work, then the party responsible for the defect will be responsible for paying for the party wall agreement surveyor.
It is also worth noting that if the parties involved cannot agree on who should pay for the party wall agreement surveyor, then the surveyor can be appointed by the courts, and the costs will be split between the parties.
Conclusion
In summary, the party who initiates the building work is usually responsible for paying for the party wall agreement surveyor. However, there are some exceptions to this rule, which depend on the specific circumstances of the case.
If you are planning any building work that affects a shared wall or boundary, it is important to obtain a party wall agreement and appoint a qualified party wall agreement surveyor to ensure that the work is carried out smoothly and without any disputes.