Party wall matters are often associated with regulating building works—setting out how an extension, loft conversion, or excavation should be carried out and what protections must be in place for the neighbour. However, the party wall process also involves professional costs, and it’s not uncommon for fees to become the main point of contention.
A frequent question is whether surveyors can produce an Award that deals only with party wall fees, particularly where the building work itself is no longer progressing, has been delayed, has changed, or has already been dealt with.
The answer is: yes, in certain circumstances, but it must be handled correctly and within the surveyors’ legal powers.
Why fees can be dealt with through an Award
Party wall surveyors are appointed under the Party Wall etc. Act 1996 to resolve matters arising from notifiable works. That role is not limited to describing the works. Surveyors also determine the procedural framework for the dispute, which commonly includes:
- which party is responsible for reasonable fees,
- whether costs should be shared or allocated,
- and what level of fees is reasonable in the circumstances.
Where there is disagreement about fees, recording the decision formally can bring closure and avoid an open-ended argument.
When a “fees-only” Award is most commonly used
1) Where the party wall process becomes abortive
This is the most common scenario. Surveyors may be appointed and begin work, and then the project changes or stops—for example:
- the building owner postpones the works,
- the design changes so the notifiable elements no longer apply,
- planning is refused or the project is abandoned,
- the neighbour engages late and the scope is altered.
In these situations, there may be no longer any need for an Award regulating works, but there are still fees incurred for notices, reviews, correspondence, and inspections already completed. A fees-focused Award (or an equivalent determination within the statutory framework) can be used to allocate those costs fairly and close the file properly.
2) Where the works are agreed, but fees remain disputed
Sometimes the technical side is straightforward—surveyors may agree the scope of works and protections—but the parties then disagree about:
- the level of one surveyor’s fees,
- the time spent and whether it was proportionate,
- whether extra visits or correspondence were necessary.
Rather than holding up the entire matter over costs, the fees can be dealt with as a separate issue—often through a further/additional Award (depending on the circumstances and the route being followed).
3) Where there is continuing involvement after the main Award
Even once an Award is served, surveyors may remain involved for:
- post-works inspections,
- alleged damage,
- compliance issues, or
- further decisions arising from changes on site.
Fees associated with these later stages can be determined within that continuing process, again provided the surveyors are acting within jurisdiction.
The key limitation: surveyors must have jurisdiction
A “fees-only” Award is only appropriate if the surveyor(s) are properly appointed under a valid party wall process. In practical terms, that means:
- the works were (or were intended to be) notifiable under the Act, and
- the statutory procedure was triggered correctly (valid notice, valid dispute route), and
- the surveyors are determining matters that sit within their party wall remit.
Where surveyors never had proper jurisdiction—for example, because the Act did not apply at all or the process was fundamentally defective—a fees-only Award may be open to challenge on the basis that it was made outside the surveyors’ powers.
This is why it’s important not to treat a fees-only Award as a “catch-all” for every professional invoice. The fees must relate to the statutory party wall function.
Practical guidance if fees are the only issue
If you are dealing with a dispute where costs are the main sticking point, the following steps usually help resolve matters efficiently:
Request an itemised breakdown
A professional account should set out:
- what tasks were completed,
- how much time was spent,
- the charging basis (hourly rate, fixed fee, or staged fee),
- and any disbursements.
Check whether the work claimed is genuinely party wall work
The strongest fee claims are those linked directly to:
- notices and statutory correspondence,
- inspections and schedules of condition,
- Award drafting and agreement,
- dispute resolution steps under the Act.
Keep proportionality in mind
Fees disputes can escalate quickly. It’s often better to aim for a practical resolution than to incur additional time and cost arguing over a relatively modest sum.
Be mindful of time limits if fees appear within an Award
If fees are included within an Award you may wish to challenge, strict time limits can apply to any formal challenge route. Early professional advice is important where the sums are significant.
Summary
A Party Wall Award can deal with fees alone in appropriate cases, particularly where the party wall process has become abortive, where fees remain in dispute after works are agreed, or where surveyors are dealing with post-Award matters. The critical point is that surveyors must be acting within their legal powers under the Party Wall etc. Act 1996, and the fees must relate to genuine party wall functions.
Need help with a party wall fee dispute?
Email mail@howorth.uk or call 07794 400 212 with a brief overview of your situation (what works were proposed, what stage you are at, and what fees are being disputed). We can advise on whether a fees-only Award is appropriate and the most practical route to resolve the matter.