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PARTY WALL SERVICES – TERMS OF BUSINESS
1. Introduction and Application
1.1 These Terms of Business apply to all services provided by Rellim Surveyors (“the Practice”) in connection with the Party Wall etc. Act 1996 (“the Act”) and shall be read in conjunction with any Letter of Appointment, Instruction Confirmation or other fee confirmation issued in respect of the instruction.
1.2 By instructing the Practice and/or appointing the Surveyor under Section 10 of the Act, the Client and/or Appointing Owner acknowledges the statutory framework governing Party Wall appointments and agrees to be bound by these Terms of Business.
1.3 These Terms apply to both pre-dispute advisory services and formal statutory appointments made pursuant to Section 10 of the Act.
2. Definitions
2.1 “Practice" means Rellim Surveyors Ltd, being the contracting entity providing professional services and administering invoices, fees, disbursements and contractual obligations arising under these Terms.
2.2 “Surveyor” or “Appointed Surveyor” means the individual appointed pursuant to the Party Wall etc. Act 1996 and includes any surveyor appointed under Section 10 of the Act to exercise statutory functions.
2.3 “Building Owner” means the owner proposing to undertake works pursuant to the Act.
2.4 “Appointing Owner” means the individual, company, partnership, trust or other legal entity named within the Letter of Appointment or otherwise instructing the Practice and accepting these Terms.
2.5 “Award” means a Party Wall Award made pursuant to the Act, authorising works.
3. Nature of Appointment and Statutory Capacity
3.1 Party Wall matters typically progress through a pre-dispute advisory stage and a statutory appointment stage. These stages are legally distinct and may attract separate fee liabilities.
3.2 Prior to statutory appointment, the Practice acts in a commercial advisory capacity only.
3.3 Upon formal appointment under Section 10 of the Act, the Surveyor acts in a statutory and quasi-judicial capacity and is not an advocate for the appointing party. The Surveyor owes a duty to act impartially between the parties and in accordance with the Act and relevant case law.
3.4 The Surveyor’s statutory duties cannot be fettered or influenced by private agreement.
3.5 Separate statutory appointments may arise in respect of different Adjoining Owners, amended Notices, additional works or further disputes. Each may give rise to separate fees.
3.6 The Appointing Owner acknowledges that fees may arise both from contractual services provided by the Practice and from statutory functions undertaken by the Surveyor pursuant to the Act. Nothing within these Terms shall prevent the recovery of either category of fee where lawfully due.
4. Scope and Limitations of Services
4.1 Services may include advising upon notifiability, drafting and serving Notices, responding to Notices, preparing and serving Awards, preparing or reviewing Schedules of Condition, reviewing drawings and supporting documentation, engaging in correspondence and negotiations with other surveyors and addressing matters arising under the Party Wall etc. Act 1996, including but not limited to matters arising under Sections 1, 2, 6, 7, 8, 10 and 12 thereof.
4.2 The Surveyor’s role is confined strictly to matters falling within the Act.
4.3 The Surveyor does not supervise construction, certify structural adequacy, design temporary works, verify engineering calculations, assess contractor competence or act as contract administrator.
4.4 The making of an Award does not confirm compliance with Planning legislation, Building Regulations, CDM Regulations or other statutory regimes outside the Act.
4.5 The Surveyor is entitled to rely upon drawings, structural information and professional reports provided by others and accepts no responsibility for their technical accuracy.
4.6 The Practice operates different fee structures depending upon the method of instruction and scope of service required.
4.7 Where services are instructed pursuant to a fixed fee quotation, promotional offer, online platform, digital quotation tool or other agreed pricing arrangement, such pricing shall be based upon defined scopes of work, stated assumptions, standard residential circumstances and reasonable levels of administration, correspondence and technical review.
4.8 Unless expressly stated otherwise, fixed fee, promotional and standard scale pricing may not include extended advisory input, complex or phased works, enhanced oversight, additional site attendances, revised submissions, supplementary technical review cycles, extensive correspondence, third-party consultant liaison, legal representative liaison or additional administrative requirements.
4.9 Where a fixed fee, promotional fee or other agreed pricing arrangement applies, such pricing reflects a defined scope of service and stated assumptions. Where the scope extends beyond those assumptions, the Practice reserves the right to apply additional fees or revert to its standard fee scale as appropriate.
4.10 Appointments made directly with the Practice are governed by the Practice Fee Scale applicable at the date of instruction and reflect a tailored professional service with structured case management and full administrative oversight.
4.11 The Practice reserves the right to determine the appropriate fee structure having regard to the complexity, technical risk and nature of the proposed works.
4.12 The surveyor shall be entitled to communicate with any architect, engineer, project manager, consultant, solicitor or other representative appointed by the Building Owner in connection with the proposed works. The Building Owner acknowledges that communications with such persons are undertaken on their behalf and may materially increase the time required to administer the matter. The Building Owner shall remain responsible for all fees arising from such communications, irrespective of whether the representative is formally instructed by the surveyor.
The Surveyor may reasonably require revised drawings, amended proposals, supplementary calculations, method statements, clarifications or other supporting information in order to properly consider the proposed works and progress the matter. The provision, review, assessment and administration of such information may constitute an additional service and may give rise to additional fees and disbursements.
4.13 Unless expressly agreed otherwise in writing, fixed fees, promotional fees and standard scale fees are based upon the following assumptions:
(a) one coordinated drawing package;
(b) one technical review cycle;
(c) one method statement review where applicable;
(d) one Schedule of Condition inspection where applicable;
(e) reasonable levels of correspondence and administration.
Where these assumptions are exceeded, the Practice reserves the right to apply additional fees in accordance with these Terms.
5. Fees – Building Owner Appointments
5.1 Where appointed to act for a Building Owner, fees shall be charged in accordance with the Practice Fee Scale, Fixed Fee Package, quotation or other agreed pricing arrangement applicable at the date of instruction unless otherwise agreed in writing.
5.2 Fixed Fee Packages apply to standard residential Party Wall matters and are subject to the scope, assumptions, limitations and additional service provisions contained within these Terms.
5.3 Building Owner Fixed Fee Packages are discounted and based upon streamlined administration, defined assumptions and early appointment. Such pricing applies solely to the proposed Building Owner appointment for which it is issued and is not representative of, nor applicable to, fees that may be incurred where the Practice is subsequently appointed by another party or required to act in a different capacity under the Act.
5.4 The current Practice Fee Scale is available upon request and may be amended, revised or withdrawn from time to time. Fixed Fee Packages, promotional pricing arrangements and quotations shall be subject to these Terms and any supporting documentation issued by the Practice.
5.5 The Practice reserves the right to revise, withdraw or amend any Fixed Fee Package, quotation or pricing arrangement where the matter becomes complex, commercial, phased, high-risk, technically involved or otherwise falls outside the assumptions upon which the pricing was based.
5.6 Unless expressly stated otherwise, Fixed Fee Packages do not include additional professional time associated with revised drawings, amended proposals, supplementary technical review cycles, additional inspections, Security for Expenses matters, Third Surveyor referrals, damage investigations, extensive correspondence or other services falling outside the agreed scope.
5.7 Additional services shall be charged in accordance with the Practice Fee Scale applicable at the time the service is undertaken unless otherwise agreed in writing.
6. Fees – Adjoining Owner Appointments
6.1 Where appointed as an Adjoining Owner's Surveyor, fees shall be charged on a time basis unless otherwise agreed in writing.
6.2 The current hourly rates applicable to Adjoining Owner appointments are available upon request and may be amended from time to time.
6.3 Time shall be charged for all professional services reasonably undertaken in connection with the matter, including inspections, travel, drawing reviews, technical assessments, correspondence, negotiations, administration, meetings, telephone calls, preparation of statutory documentation and attendance at site.
6.4 Time shall be recorded in minimum increments determined by the Practice and rounded up thereafter.
6.5 Where an Award determines that the Building Owner is responsible for the Adjoining Owner's reasonable surveyor's fees, recovery shall be pursued accordingly. The Appointing Owner shall remain contractually liable for the Practice's fees unless and until such fees are recovered in full.
6.6 The Practice reserves the right to require payment on account, interim payments or staged payments in appropriate cases.
6.7 Where an Adjoining Owner appointment involves extensive technical review, expert evidence, specialist input, prolonged negotiations, Security for Expenses matters, Third Surveyor referrals, enforcement issues or court proceedings, additional fees may be incurred in accordance with the Practice Fee Scale.
7. Additional Services and Scope Changes
7.1 Unless expressly included, additional services shall be charged separately.
7.2 Additional services include revised Notices, review of revised drawings, structural amendments, method statement review, temporary works review, security for expenses determinations, supplementary Awards, Third Surveyor referrals, additional inspections, damage investigations, enforcement advice and liaison with legal representatives.
7.3 Material changes to the design or method of construction after service of Notice may require further statutory procedures and may attract additional fees.
7.4 The review of revised drawings, amended proposals, revised structural calculations, supplementary engineering information, revised method statements, contractor proposals or further technical information constitutes an additional service unless expressly included within the agreed fee. Where revised information is submitted following completion of an initial review, the Practice reserves the right to charge additional fees for any further assessment, correspondence, negotiation, amendment of draft documentation or reconsideration of matters previously reviewed.
7.5 Where information is submitted in stages, contains inconsistencies, requires clarification, correction or resubmission, or otherwise results in duplication of work, the Practice reserves the right to apply additional charges reflecting the additional professional time reasonably incurred. The Practice shall not be responsible for delays arising from incomplete, inconsistent or revised information provided by the Client, their contractor, architect, engineer, project manager or other representative.
7.6 The agreed fee includes reasonable correspondence necessary to administer the matter in accordance with the Act. Where the Practice is required to deal with disproportionate levels of correspondence, repeated requests for updates, repeated challenges to matters previously addressed, extensive advisory discussions, requests for legal interpretation, repeated requests for review of the same issue or other matters extending beyond normal administration, the Practice reserves the right to apply additional charges. The Practice shall determine, acting reasonably, whether correspondence exceeds that reasonably contemplated within the agreed fee structure.
7.7 The Practice shall not be responsible for delays arising from revised submissions, incomplete information, inconsistent information, delayed responses from third parties, requests for further information, amendments to the proposed works or other matters outside the Practice's reasonable control.
8. Security for Expenses – Section 12
8.1 The Building Owner acknowledges that Security for Expenses may be sought pursuant to Section 12 of the Act where concerns arise regarding the proposed works, financial standing, project risk or other relevant circumstances.
8.2 Where Security for Expenses is requested, the Surveyor may be required to assess, consider, negotiate, determine or administer such security in accordance with the Act.
8.3 The costs of assessing, considering, negotiating, determining and administering Security for Expenses shall constitute chargeable services unless expressly stated otherwise.
8.4 The amount, form and administration of any Security for Expenses shall be determined in accordance with the statutory procedures of the Act.
8.5 Security for Expenses does not constitute insurance, supervision of works, approval of workmanship or a guarantee against loss or damage.
9. Access and Injunction Risk
9.1 Rights of access under Section 8 of the Act are statutory but not self-enforcing.
9.2 The Surveyor may facilitate but does not become responsible for enforcing such rights.
9.3 Where access is refused, and legal proceedings become necessary, such proceedings fall outside the Surveyor's appointment and shall constitute a separate matter requiring independent legal advice and representation.
9.4 The Surveyor shall not be liable for any delay, contractor claims, financing costs, legal costs, project costs, loss of profit or other consequential losses arising from refusal of access, legal proceedings or any failure by a third party to permit access.
10. Post-Award Damage and Section 7
10.1 Allegations of damage arising from notifiable works may require inspection and determination pursuant to Section 7 of the Act.
10.2 The Building Owner acknowledges that post-Award matters may require further involvement by the Surveyor, including inspections, correspondence, negotiations, determinations, supplementary documentation or such further statutory procedures as may be available under the Act and applicable law. Such services shall constitute chargeable services unless expressly stated otherwise.
10.3 Where allegations of damage, compensation claims, making good disputes, access issues or other matters arise following service of an Award, the Surveyor may, where permitted by the Act and applicable law, undertake such investigations, determinations, negotiations, inspections, administrative actions and further statutory functions as may reasonably be required in connection with the matter.
10.4 The Surveyor may determine the reasonable extent of making good, compensation or other remedial measures arising under the Act but shall not undertake, supervise, certify or warrant any repair works.
10.5 Where parties elect to settle matters directly, the Surveyor's fees and expenses incurred to that point shall remain payable in accordance with these Terms and any applicable Award.
10.6 The Surveyor shall not be responsible for the quality, specification, workmanship, programme or completion of any remedial works undertaken by contractors or third parties.
11. Enforcement and Appeal
11.1 The Surveyor has no power to enforce an Award.
11.2 Enforcement proceedings or appeals under Section 10(17) of the Act fall outside the Surveyor’s statutory role, and any advisory involvement shall be chargeable.
12. Dormancy and Suspension
12.1 A matter shall be deemed dormant where no substantive progress occurs for 28 consecutive days due to inactivity by the Appointing Owner, their representatives, contractors, consultants or other third parties.
12.2 Upon dormancy exceeding 28 days, the Practice may issue an interim invoice for services undertaken to date. The Practice reserves the right to suspend additional advisory services, supplementary consultations, further technical reviews and other non-statutory services until outstanding sums are discharged in full.
Nothing within this clause shall fetter the Surveyor's statutory obligations under the Act.
13. Liability and Professional Indemnity
13.1 The Practice and Surveyor shall exercise reasonable skill and care consistent with the standards of a competent surveyor experienced in Party Wall matters and acting in accordance with the Party Wall etc. Act 1996.
13.2 When acting under Section 10 of the Act, the Surveyor acts in a statutory and quasi-judicial capacity and shall not be liable for acts or omissions undertaken in good faith in the proper exercise of statutory functions.
13.3 The Practice and Surveyor shall not be liable for any act, omission, negligence, default, insolvency or failure of any contractor, architect, engineer, structural engineer, quantity surveyor, planning consultant, Building Control body, utility provider, adjoining owner, building owner, other surveyor or third party.
13.4 The Practice and Surveyor shall not be liable for delays, increased costs, project disruption, contractor claims, refusal of access, injunction proceedings, third-party interference, non-compliance by others or any matter outside their reasonable control.
13.5 Subject to Clause 13.8, the aggregate liability of the Practice and Surveyor arising from any instruction, whether in contract, tort, negligence, breach of statutory duty or otherwise, shall not exceed ten times the fees paid or payable in connection with the instruction, provided always that nothing within this clause shall exclude any liability which cannot lawfully be excluded or restricted.
13.6 The Surveyor does not warrant or guarantee that an Award will prevent disputes, claims, allegations of damage, delays, injunction proceedings, legal proceedings or other disagreements arising from the proposed works.
13.7 The Surveyor shall not be responsible for the design, structural adequacy, specification, method of construction, sequencing of works, health and safety compliance, planning compliance, Building Regulations compliance, contractor performance or quality of workmanship associated with the proposed works.
13.8 Nothing within these Terms shall exclude or limit liability for death or personal injury arising from negligence, fraud, fraudulent misrepresentation or any other liability which cannot lawfully be excluded or restricted.
14. Statutory and Contractual Recovery of Fees, Debt Recovery and Insolvency
14.1 All fees, disbursements and additional charges arising under these Terms constitute a contractual debt payable by the Appointing Owner. Liability for such fees arises upon instruction and is independent of any subsequent determination, allocation, recovery or reference to fees within a Party Wall Award. The Practice may issue interim invoices, staged invoices, additional invoices and invoices for services already undertaken during the course of a matter.
14.2 The Appointing Owner acknowledges that fees, costs, disbursements and expenses incurred in connection with a Party Wall matter may arise both pursuant to these Terms and pursuant to the Party Wall etc. Act 1996. Certain fees, costs and expenses may be determined, allocated or referred to within a Party Wall Award, whilst others may arise as contractual charges pursuant to these Terms. Nothing within these Terms shall prejudice the right of the Practice to recover contractual fees lawfully due, nor the right of the Surveyor or Practice to seek recovery of fees, costs, expenses or other sums determined, awarded or otherwise recoverable pursuant to the Act, including any rights of enforcement or recovery available under Section 17 of the Act.
14.3 The existence, absence or timing of any Party Wall Award shall not of itself extinguish, delay or prejudice any contractual entitlement to payment arising under these Terms.
14.4 All invoices shall be payable within the period stated on the invoice. The Practice reserves the right to charge statutory interest, late payment charges and reasonable debt recovery costs in accordance with applicable legislation.
14.5 In the event that any invoice remains unpaid beyond the due date, the Practice reserves the right to suspend supplementary consultations, additional advisory services, further technical reviews and any other non-statutory services until outstanding sums are discharged in full. Nothing within this clause shall fetter the Surveyor's statutory duties under the Act.
14.6 The Appointing Owner shall be responsible for all reasonable costs incurred by the Practice in recovering overdue sums, including administration costs, tracing costs, collection agency fees, legal costs, court fees, enforcement costs and any other expenses reasonably incurred in connection with debt recovery.
14.7 Where more than one person, company, trust, partnership or other entity instructs the Practice, liability for all fees, disbursements and costs shall be joint and several.
14.8 The Practice reserves the right to withhold non-statutory reports, advisory documents and other contractual deliverables pending payment of outstanding sums, save where prohibited by law or inconsistent with the Surveyor's statutory duties.
14.9 If the Appointing Owner enters into liquidation, administration, bankruptcy, receivership, voluntary arrangement or any analogous insolvency process, or circumstances arise which reasonably indicate financial instability, the Practice reserves the right to review the ongoing instruction and require payment on account, staged payments or settlement of outstanding invoices before undertaking further non-statutory services.
14.10 The Practice and Surveyor shall not be liable for incomplete works, abandoned projects, contractor claims, project costs, financing costs or losses arising as a result of insolvency, financial default or abandonment by the Building Owner or Appointing Owner.
14.11 The Practice shall be entitled to recover all fees, costs and expenses reasonably incurred up to the date of suspension, abandonment, insolvency or termination of the instruction.
14.12 Where the Appointing Owner is a company, partnership, trust or other legal entity, all obligations arising under these Terms shall be binding upon that entity.
15. Complaints, Confidentiality and Data Protection
15.1 The Practice operates a formal complaints procedure, a copy of which is available upon request. Complaints shall not affect the Appointing Owner's obligation to pay fees properly due under these Terms.
15.2 The Practice may collect, process, store and share personal data where reasonably necessary for the performance of its services, compliance with legal obligations, administration of the instruction and the exercise of statutory functions under the Party Wall etc. Act 1996.
15.3 Personal data shall be processed in accordance with applicable data protection legislation, including the UK General Data Protection Regulation and the Data Protection Act 2018.
15.4 The Practice may communicate with the Appointing Owner, Building Owner, Adjoining Owner, surveyors, consultants, contractors, legal representatives, local authorities, insurers and other relevant parties where reasonably necessary for the administration of the matter.
15.5 Information obtained during the course of an instruction may be disclosed where required by law, professional obligation, court order, statutory duty, regulatory requirement or for the proper administration of the matter.
15.6 Unless otherwise agreed in writing, reports, schedules, photographs, Awards, correspondence and other documents prepared by the Practice are produced solely for the purposes of the relevant instruction and may not be relied upon by third parties without the Practice's prior written consent.
15.7 The Practice may retain records, photographs, correspondence, notes, inspection records and other documentation relating to the instruction for such period as it considers appropriate to comply with legal, regulatory, insurance and professional obligations.
15.8 The Practice shall not be liable for any loss arising from the interception, corruption, non-delivery, delay or unauthorised alteration of electronic communications transmitted by email or other electronic means.
15.9 Where the Practice is required to respond to complaints, regulatory enquiries, legal proceedings, information requests or third-party challenges arising from matters outside its control or resulting from inaccurate, incomplete or misleading information supplied by others, the reasonable time incurred may constitute a chargeable service, where such matters arise through no fault of the Practice.
15.10 Nothing within these Terms shall require the Surveyor to disclose legally privileged information, confidential advice received from legal advisers, or information which the Surveyor is prohibited from disclosing by law, professional obligation or statutory duty.
15.11 Copyright in all reports, Awards, schedules, photographs, drawings, templates, correspondence, documents and other materials produced by the Practice shall remain vested in Rellim Surveyors Ltd unless otherwise agreed in writing.
15.12 The Appointing Owner shall have a non-exclusive licence to use such materials solely for the purposes for which they were prepared. No document or part thereof may be reproduced, distributed, altered, published or relied upon for any other purpose without the prior written consent of the Practice.
16. Third Party Rights and Governing Law
16.1 No third party shall acquire rights under the Contracts (Rights of Third Parties) Act 1999.
16.2 These Terms are governed by the laws of England and Wales.
16.3 By instructing the Practice and/or appointing the Surveyor pursuant to the Party Wall etc. Act 1996, the Appointing Owner confirms acceptance of these Terms of Business and agrees to be bound by them.
16.4 Where the Appointing Owner acts on behalf of a company, partnership, trust or other legal entity, the person providing instructions warrants that they have authority to bind that entity to these Terms.
16.5 These Terms may be amended, revised or updated by the Practice from time to time. The version applicable to any instruction shall be the version in force on the date of instruction unless otherwise agreed in writing.
These Terms of Business are proprietary to Rellim Surveyors Ltd and may not be reproduced, adapted or distributed without prior written consent..
Party Wall Terms of Business | Version 4.0 | Effective from 1 February 2025
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