A party wall award is a critical legal document for UK property owners planning construction work that affects shared walls or boundaries. Whether you’re extending your home, converting a loft, or undertaking major renovations, understanding the party wall award process can help you avoid costly disputes and ensure your project proceeds smoothly. This comprehensive guide explains everything you need to know about party wall awards under the Party Wall Act 1996.
What is a Party Wall Award?
A party wall award is a legally binding document prepared by surveyors that sets out how building work affecting a party wall should be carried out. It protects the interests of both the building owner (the person doing the work) and the adjoining owner (the neighbour).
A typical party wall award document contains detailed conditions and requirements
Under the Party Wall etc. Act 1996, this award serves several important purposes:
Legal Tip: A party wall award is only required when an adjoining owner dissents to a party wall notice or doesn’t respond within 14 days. If they consent in writing, you can proceed without an award, though a condition survey is still advisable.
When is a Party Wall Award Required?
Not all building work requires a party wall award. The Party Wall Act 1996 specifies certain types of work that fall under its jurisdiction:
Work Requiring a Party Wall Award:
Work Not Requiring a Party Wall Award:
Important: The Party Wall Act applies to excavations within 3 meters of a neighbouring building if the work goes deeper than the neighbour’s foundations, or within 6 meters if the excavation meets a line drawn downwards at 45 degrees from the bottom of the neighbour’s foundation.
The Party Wall Award Process: Step by Step
Obtaining a party wall award involves several clearly defined steps. Understanding this process helps ensure you meet all legal requirements and maintain good relationships with your neighbours.
The building owner must serve written notice to all adjoining owners at least two months before the planned start date for work to the party wall, or one month for excavations.
Adjoining owners have 14 days to respond. They can consent to the works, dissent, or do nothing (which counts as dissent).
If there’s dissent, both parties must appoint surveyors. They can agree on a single surveyor (the “agreed surveyor”) or appoint one each, who then select a third surveyor as backup.
The surveyor(s) document the condition of the adjoining property before work begins, usually with photographs and written descriptions.
The surveyor(s) prepare the award document detailing how and when the work should be carried out.
Once finalized, the award is served on both owners. Either owner has 14 days to appeal to the County Court if they disagree with it.
After the award is in place and no appeals have been made, building work can begin according to the conditions set out in the award.
A party wall surveyor documenting the condition of a property before works commence
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Key Components of a Party Wall Award
A comprehensive party wall award contains several essential components that protect both the building owner and adjoining owner. Understanding these components helps you ensure your award is complete and legally sound.
1. Identification Details
Names and addresses of all parties involved, including property owners and appointed surveyors. This establishes who is bound by the award.
2. Schedule of Condition
Detailed documentation of the adjoining property’s condition before work begins, with photographs and written descriptions to record any existing damage or defects.
3. Work Specifications
Detailed description of the proposed works, often with reference to architectural drawings and structural calculations that form part of the award.
4. Working Conditions
Specific conditions such as working hours, noise limitations, dust control measures, and access arrangements to minimize disruption.
5. Protection Measures
Requirements for protecting the adjoining property during the works, including temporary supports, weatherproofing, and security arrangements.
6. Cost Allocations
Details of who pays for what, including surveyor fees, the cost of the award, and any compensation for temporary inconvenience or permanent damage.
A schedule of condition with photographs forms a crucial part of the party wall award
“A well-prepared party wall award is comprehensive and anticipates potential issues before they arise. It protects both parties and provides a clear framework for resolving any disputes.”
Rights and Obligations Under a Party Wall Award
The Party Wall Act 1996 establishes specific rights and obligations for both building owners and adjoining owners. Understanding these helps ensure compliance and prevents disputes.
Building Owner’s Rights
Building Owner’s Obligations
Adjoining Owner’s Rights
Adjoining Owner’s Obligations
Good communication between property owners and surveyors helps prevent disputes
Warning: Failure to comply with a party wall award can result in legal action, including injunctions to stop work and claims for damages. The courts take breaches of party wall awards seriously.
Enforcing a Party Wall Award
A party wall award is legally binding on both the building owner and adjoining owner. If either party fails to comply with the terms of the award, there are several enforcement options available.
If the Building Owner Breaches the Award:
If the Adjoining Owner Breaches the Award:
Party wall award appeals and enforcement actions are heard in the County Court
It’s worth noting that the Party Wall Act was designed to avoid litigation where possible. The appointed surveyors often play a continuing role in resolving disputes that arise during the works, potentially issuing additional awards to address new issues.
Party Wall Award Costs
Understanding the costs associated with party wall awards helps you budget appropriately for your project. The Party Wall Act generally follows the principle that the building owner (the person initiating the works) pays the costs.
| Cost Item | Typical Range | Who Pays? | Notes |
| Party Wall Notice | £0-£150 | Building Owner | Can be prepared by the owner for free using templates or by a surveyor for a fee |
| Agreed Surveyor | £800-£1,500 | Building Owner | When both parties agree to use one surveyor |
| Two Surveyors | £1,500-£3,000 | Building Owner (usually) | When each party appoints their own surveyor |
| Third Surveyor (if needed) | £500-£1,000 | Building Owner | Only if the two appointed surveyors cannot agree |
| Additional Site Visits | £150-£250 per visit | Building Owner | For complex or long-running projects |
| Schedule of Condition | £300-£600 | Building Owner | Often included in the surveyor’s overall fee |
A party wall surveyor explaining costs to a client
Cost-Saving Tip: If your neighbour consents to the works, you can avoid the cost of a full party wall award. However, it’s still advisable to have a schedule of condition prepared to protect both parties.
Common Mistakes to Avoid
Many property owners encounter problems with party wall awards due to avoidable mistakes. Being aware of these common pitfalls can save you time, money, and stress.
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Frequently Asked Questions About Party Wall Awards
Can I appeal a party wall award if I disagree with it?
Yes, either the building owner or adjoining owner can appeal a party wall award to the County Court within 14 days of it being served. However, appeals are relatively rare and can be costly. The grounds for appeal are limited to errors of law or procedure, not simply disliking the decision. Before appealing, it’s advisable to discuss your concerns with the surveyor(s) as they may be able to address them without court involvement.
What happens if my neighbour ignores a party wall notice?
If your neighbour doesn’t respond to a party wall notice within 14 days, they are deemed to have dissented. This means you’ll need to appoint a surveyor to act for them (known as the “10-day letter” procedure) or appoint an agreed surveyor to act for both parties. You cannot simply proceed with the works without an award in place. The surveyor appointed for your neighbour will act impartially to protect their interests even without their active participation.
Do I need a party wall award for a loft conversion?
You will need a party wall award for a loft conversion if the work involves cutting into a party wall to insert beams or flashings, raising the height of a party wall, or other work that affects the party structure. Many loft conversions in semi-detached or terraced houses do require party wall awards. However, if your loft conversion doesn’t involve any work to the party wall itself, you may not need an award.
Can I prepare my own party wall award without a surveyor?
No, a party wall award must be prepared by appointed surveyor(s) under the Party Wall Act. While you can serve the initial notice yourself, the award itself requires professional expertise. If your neighbour consents to the works, you won’t need a formal award, but this isn’t the same as preparing your own award. For simple projects where both parties agree, using an “agreed surveyor” can be more cost-effective than each appointing separate surveyors.
What if damage occurs despite having a party wall award?
If damage occurs to the adjoining property during the works, the building owner is responsible for making good the damage or paying compensation, regardless of whether they followed the award conditions. The schedule of condition prepared before works began will be crucial in determining what damage was caused by the works. The surveyors can be called back to inspect the damage and determine the appropriate remedy or compensation. This is one of the key benefits of having a proper party wall award in place.
How long does a party wall award remain valid?
Once a party wall award is in place, the building owner has 12 months to begin the works described in the award. If works haven’t started within this period, a new notice would need to be served and the process begun again. Once works have started, there’s no specific time limit for completion, but significant delays or changes to the scope of works might require additional notices or awards.
Cooperative discussion between neighbours can help resolve party wall matters amicably
Conclusion: Ensuring a Smooth Party Wall Process
A party wall award is an essential legal safeguard for property owners undertaking building works that affect shared walls or boundaries. By understanding the process, requirements, and your rights and obligations under the Party Wall Act 1996, you can ensure your project proceeds smoothly while maintaining good relationships with your neighbours.
Remember that early communication, proper notice, and professional guidance are key to avoiding disputes. While the party wall process may seem complex, it provides valuable protection for all parties involved and helps ensure that building works are carried out safely and responsibly.
Successful completion of a building project following proper party wall procedures
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