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Party Wall etc. Act

The outcome

The Award is served on the Owners, once signed by the Surveyor(s). 14 days after service of the Award, provided no Owner has decided to appeal, the work can start.

Fees become due, and should be paid by the Owners within 14 days of the date of the service of the Award.
  • Some Party Wall Surveyors insist on payment before they will publish the Award.

The paying Owner usually pays the Surveyor(s) direct, although technically the fee should be paid to the other Owner. The Owners incur costs in resolving the dispute, and so have the sole right to receive payments from each other.

 

If the paying Owner doesn't pay, then the receiving Owner can take court action, as they have the liability for paying Surveyor fees.

It is possible for a Surveyor to take court action against their appointing Owner for failure to pay. This could be more expensive for the Owner, as the costs of making the claim could be added to the bill.

If an Award is made by the Third Surveyor, then fees become due, and must be paid, before the Award is published.