“…the prime cost of work (and) reasonable incidental processional fees, fees paid to statutory authorities and insurance related to the work.” – S Bickford-Smith, Party Walls Third Edition paragraph 11.2.2.
GENERAL RULE
• S 11(1) – “except as provided by this
section expenses of work under this Act shall be defrayed by the
Adjoining Owner.”
• S 11(2) – “dispute as to responsibility to
be settled as provided in section 10.”
The section then sets out a number of cases
where the general rule does not apply – ie where the Adjoining Owner is
required to contribute to the Building Owner’s expenses of work.
• S 11(3) – expenses of
constructing a new party wall part to be apportioned according to the
use to be made by each owner.
• S 11(4) – the Building Owner can recoup a
proportion of costs from the Adjoining Owner for works to a party wall
under section 2(2)(a) – (underpinning thickening raising) – necessitated
by defect or want of repair.
• S 11 (5) – the Building Owner can
similarly recoup an apportionment from the Adjoining Owner of the cost
of works to a party wall under section 2(2)(b) – (making good repair,
demolish and rebuild) – if necessitated by defect or want of
repair.
• S 11(7)
– the Adjoining Owner to pay a proportion of the cost to the Building
Owner where the Building Owner wishes to reduce the height of a party
wall under section 2(2)(m) but the Adjoining Owner requires the existing
height to be maintained.
• S 11(9) – where the Adjoining Owner
requests or requires work to be done by the Building Owner, the
Adjoining Owner to pay the Building Owner the appropriate cost.
The exception to this is strengthening or underpinning of
foundations if required by the Adjoining Owner under section
6(3).
• S 11(11) – the Adjoining Owner to
pay for use subsequently made of work carried out at the expense of the
Building Owner.
Expenses to be paid by
the Building Owner to the Adjoining Owner (specific instances
supplementing the general rule)
• S 11(6) – the Building Owner to
pay the Adjoining Owner or occupier a fair allowance in respect of
disturbance and inconvenience where premises are laid open – right under
section 2(2)(e) relating to a party structure.
• S 11(8) – where the Building Owner is
required to make good damage under the Act the Adjoining Owner has a
right to require that the Building Owner’s expenses of making good be
determined and paid to him in lieu of the Building Owner carrying out
the work.
• S
11(10) – the Adjoining Owner to receive payment from the owner of the
adjoining building if the cost of the Adjoining Owner’s construction is
increased by the presence of special foundations (if previously
consented).
• S 11(11) – where use is
subsequently made by the Adjoining Owner of work carried out solely at
the expense of the Building Owner, the Adjoining Owner is to pay a due
proportion.
Other expenses not
referred to in Section 11
• S 1(4) – the Building Owner to build
wall on his land at his expense.
• S 11(7) – the Building Owner to build wall
on his land at his expense. • S
6(3) – the Building Owner to bear expenses of underpinning or
strengthening foundations at the Adjoining Owner’s building if required
to do so by the Adjoining Owner.
The Building Owner’s
obligation to make good damage
Section 11(8) requires the Building
Owner to make good damage or pay expenses to the Adjoining Owner if
damage is caused by certain section 2(2) rights. These are: (e),
(f), (g), (h) and (j).
Note the obligation to pay a fair allowance
is under 11(6) and 11(8).