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What Happens if the Adjoining Owner Chooses the Most Expensive Surveyor?

The adjoining owner may appoint any surveyor they like, but the fees the building owner pays must be reasonable. If they seem inflated, you can challenge them. You can also propose an agreed surveyor to keep costs down.

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The adjoining owner's right

Each owner may appoint their own surveyor. No licence is required, and the building owner does not approve the choice. That freedom is part of the scheme, because the neighbour needs someone they trust.

Reasonable fees only

The Act limits the building owner's liability to reasonable costs. A higher fee for a simple job may be challenged. Both surveyors have a duty to act fairly and not to run up cost for its own sake.

Costs when the neighbour chooses their own surveyor
Cost itemWho normally paysWhat drives it
Neighbour's surveyor feeBuilding owner, if reasonableTime needed to review and agree the award
Your own surveyorBuilding ownerCommunication with the other surveyor
Third surveyorAs the award directsDisagreement between the two surveyors
Unreasonable extra chargesNot the building ownerWork beyond what the Act required
Agreed surveyor alternativeUsually the building ownerOne appointment instead of two

What you can do early

  • Offer an agreed surveyor at the outset and explain the saving.
  • Ask the neighbour's surveyor for a written fee estimate before work begins.
  • Provide full drawings so the surveyor needs fewer requests.
  • Keep changes to the design to a minimum.

If the bill looks too high

Ask for an itemised account, and raise your concern in writing. The route to challenge fees is through the third surveyor or the court, so take advice before using it.

Avoid the trap

Do not try to pressure the neighbour into a cheaper choice. That can sour relations and lead to delay, which itself adds cost.

A neighbour's surveyor is entitled to be paid for the work necessary to protect the neighbour's interests. That includes reading drawings, visiting the property and negotiating terms. It does not include work that goes beyond what the Act calls for.

Frequently asked questions

Can I refuse their choice?

No. But you can challenge unreasonable fees.

What if their surveyor is slow?

If a surveyor neglects to act for 10 days after written request, the other may proceed alone.

Would an agreed surveyor be cheaper?

Often, because there is one fee. It only works if both owners agree.

Related guides

Last updated: . This page is general information about the Party Wall etc. Act 1996 (England and Wales). It is not legal advice. Every property and dispute is different, so take advice from a party wall surveyor or a solicitor before you act.