Section 11 of the Party Wall Act - Expenses
“Clause provides for payment of cost for the works generally by the building owner who is proposing to carry the works out but also in proportion to the use to which each party puts the wall. Additional subsequent use of a new or altered party wall may trigger the liability for a further contribution.”[The Earl of Lytton]
Section 11(1) provides that unless otherwise stipulated under the Act a building owner is liable for all of the costs pertaining to the proposed works.
Section 11(2) provides that any disputes relating to costs shall be settled by an appointed surveyor, or surveyors, as the case may be.
Section 11(3) provides that any expenses pertaining to the parties agreeing to build a Party Wall or Party Fence Wall under section 1 of the Act shall remain to be proportionally shared between the parties.
Section 11(4) provides that any expenses relating to a defect or want of repair under the building owners rights to underpin, thicken or raise a party structure, a party fence wall or an external wall that belongs to the building owner, shall be proportionally shared between the building owner and the adjoining owner taking into account both the use and responsibility of the structure or wall that each of the owners may have.
Section 11(5) provides that any expenses relating to the making good, repair or demolition and rebuilding of a party structure or party fence wall in a case where the proposed works are necessary as a result of a defect or want of repair, shall if more than one owner makes use of the wall, be proportionally shared between the building owner and the adjoining owner(s) taking into account both the use and responsibility of the structure or wall that each of the owners may have.
Section 11(6) provides that a building owner who intends to demolish a party structure in order to rebuild it so that it is of sufficient strength and height for the purposes of a building belonging to the building owner, shall, in any case where the adjoining owner(s) and/or occupier(s) premises are laid open, pay to the adjoining owner or occupier a fair allowance for any inconvenience or disturbance caused by the works.
Section 11(7) provides that an adjoining owner, who opposes building owners right to reduce or to demolish and rebuild a party wall to a height of more than 2 metres where the adjoining owner only uses it as a boundary wall, or, to a height that is currently enclosed upon by the building of an adjoining owner, may serve a counter-notice under section 4 of the Act requiring the building owner to maintain the existing height of the wall. However, in so doing, the adjoining owner shall be liable to pay the building owner any costs relating to a wall that surpasses either 2 metres in height or the existing height enclosed upon by the building of the adjoining owner.
Section 11(8) provides that an adjoining owner who has suffered damage as a result of the building owner’s works is entitled to have the costs to make good the damage, determined by an appointed surveyor, and paid directly to them in lieu of any repairs being carried out by the building owner.
Section 11(9) provides that any of the building owner’s works that have been carried out in pursuance of the adjoining owner’s requirement(s) or request(s), shall be paid by the adjoining owner.
Section 11(10) provides that an adjoining owner who has consented to let a building owner construct special foundations on his land is entitled to any increased costs that are incurred as a result of the special foundations when erecting any building or structure. To claim such costs an adjoining owner must provide the building owner with all of the necessary invoices and documents within 2 months of the completion of the adjoining owner’s works. On receipt of these documents, the building owner is liable to pay any increased costs that are due to the special foundations.
Section 11(11) provides that an adjoining owner who benefits from the subsequent use of work that was carried out and paid for solely by a building owner shall be liable to pay a fair proportion of what the incurred expense would be if the works were carried out at the time of the adjoining owner’s subsequent use.
If you or your adjoining neighbour is planning to undertake any building works that you have reason to believe may incur security expenses, Icon Surveyors would suggest that you contact an experienced party wall surveyor to discuss, at first instance, the site-specific facts that may require such protections to be taken into account.
Note*: This blog is not an authoritative interpretation of the law; it is intended as a general guide.