By | January 6, 2018

Generally speaking, the Building Owner pays the costs of the work and all the surveyors’ fees. However, there are provisions for certain costs to be borne by the Adjoining Owner as well, such as:

Where a new party fence wall is built, then the costs are shared between the Owners equally, otherwise the Building Owner builds the wall in his own land and it is his wall, the Adjoining Owner having no rights in it.
If the Adjoining Owner has already raised the party wall and the Building Owner now wishes to enclose on it, he must pay the Adjoining Owner a proportion of the present cost of building the wall.
Where a party structure has to be rebuilt because of a lack of maintenance, the costs are usually shared equally.
The Building Owner can place mass concrete foundations in the adjoining land without compensating the Adjoining Owner but not reinforced concrete foundations.

The Building Owner must pay the Adjoining Owner for any losses or damage caused by his exercise of his rights under the Act. Just being next to a building site does not count, but if the works materially affected the Adjoining Owner’s business, he might well have a justified claim. Any physical damage done to the adjoining property must either be made good by the Building Owner or he must pay a proper sum to the Adjoining Owner to allow him to have the damage made good.

Summary
Article Name
Who pays for what?
Description
Generally speaking, the Building Owner pays the costs of the work and all the surveyors' fees.
Author
Publisher Name
TPWA1996