“…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).