Planning a renovation or construction project that involves a shared wall? A party wall award is likely a crucial legal requirement you’ll need to navigate. This comprehensive guide explains everything property owners need to know about party wall awards, from legal frameworks to practical applications, helping you avoid costly disputes and delays.
What is a Party Wall Award?
A legally binding party wall award document
A party wall award is a legally binding document drawn up by surveyors on behalf of property owners who share walls, structures, or adjacent lands. This document becomes necessary when one property owner (the building owner) plans to carry out construction work that could affect the structural integrity or stability of a shared wall or adjoining property.
The award serves as a formal agreement that outlines the scope, timing, and manner in which the proposed works will be carried out. It provides legal protection for both the building owner undertaking the work and the adjoining owner whose property might be affected.
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The Legal Framework: Party Wall etc. Act 1996
In the United Kingdom, party wall matters are governed by the Party Wall etc. Act 1996. This legislation provides a clear framework for preventing and resolving disputes related to party walls, boundary walls, and excavations near neighboring buildings.
The Act applies to England and Wales and outlines the rights and responsibilities of property owners involved in such projects. It establishes a procedure that must be followed before certain types of work can begin.
When is a Party Wall Award Required?
Under the Party Wall etc. Act 1996, you’ll need a party wall award for the following types of work:
- Building on or at the boundary of two properties
- Work on an existing party wall or structure (including cutting into it, rebuilding it, or underpinning it)
- Excavation work near neighboring buildings (within 3 or 6 meters, depending on depth)
- Constructing a new wall on the boundary line
- Cutting into a party wall to insert a damp-proof course
- Loft conversions that affect party walls
It’s important to note that not all construction work requires a party wall award. Minor works such as plastering, putting up shelves, or hanging pictures typically don’t fall under the Act’s requirements.
The Process of Obtaining a Party Wall Award
Obtaining a party wall award involves several key steps that must be followed in the correct order. Understanding this process is essential for property owners to avoid delays and legal complications.
1. Serving Notice
The building owner (the person planning the work) must serve written notice to all adjoining owners at least two months before the planned start date for party structure works, and one month for new boundary walls or excavation works. This notice should detail the proposed works and their potential impact.
2. Adjoining Owner’s Response
Upon receiving the notice, the adjoining owner has 14 days to respond. They can:
- Consent to the works (in which case no award is needed)
- Dissent and agree to the appointment of a single “agreed surveyor”
- Dissent and appoint their own surveyor
If the adjoining owner doesn’t respond within 14 days, they are deemed to have dissented, and the dispute resolution process must be followed.
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3. Appointment of Surveyors
If there is dissent, both parties must appoint surveyors. These can be:
- A single “agreed surveyor” who acts impartially for both parties
- Two separate surveyors (one appointed by each owner)
If two surveyors are appointed, they will select a third surveyor who can be called upon if the two surveyors cannot agree or if either owner appeals against the surveyors’ decision.
4. Preparation of the Award
The surveyor(s) will:
- Inspect both properties
- Prepare a “schedule of condition” documenting the current state of the adjoining property
- Review the proposed works and any potential impact
- Draft the party wall award document
A schedule of condition document recording the adjoining property’s state before works begin
5. Issuing the Award
Once the award is finalized, it is signed by the surveyor(s) and copies are served on both owners. The award becomes legally binding unless either owner appeals to the County Court within 14 days.
6. Commencing Work
After the award is in place and any appeal period has passed, the building owner can commence work according to the terms set out in the award.
What Does a Party Wall Award Contain?
A comprehensive party wall award typically includes the following elements:
- Names and addresses of all parties involved (building owner, adjoining owner, and surveyors)
- Description of the properties and the party wall or structure
- Detailed specifications of the proposed works
- Timing and manner of how the work will be carried out
- Working hours and restrictions on noisy work
- Access arrangements for surveyors to inspect the works
- Schedule of condition of the adjoining property before works begin
- Protective measures to prevent damage to the adjoining property
- Provisions for resolving disputes during the works
- Details of any security for expenses if required
Roles and Responsibilities in the Party Wall Process
The Building Owner
As the building owner (the person undertaking the work), your responsibilities include:
- Serving proper notice before commencing any notifiable works
- Covering the costs of preparing the award (including surveyors’ fees)
- Ensuring works comply with the specifications in the award
- Repairing any damage caused to the adjoining property as a result of the works
- Providing access to surveyors for inspections
The Adjoining Owner
As an adjoining owner (whose property might be affected), your rights include:
- Receiving proper notice before works begin
- Appointing a surveyor (at the building owner’s expense)
- Having a schedule of condition prepared before works start
- Being protected from unnecessary inconvenience
- Receiving compensation for any loss or damage
- Requesting security for expenses in certain circumstances
The Party Wall Surveyor
The role of the party wall surveyor is to:
- Act impartially (even when appointed by one party)
- Prepare the schedule of condition
- Draft and issue the party wall award
- Resolve disputes that arise during the works
- Inspect the works to ensure compliance with the award
- Determine compensation for damage if necessary
A party wall surveyor conducting a detailed inspection
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Common Disputes and How to Resolve Them
Despite the structured process provided by the Party Wall etc. Act 1996, disputes can still arise. Understanding common issues and their resolutions can help property owners navigate potential conflicts.
Damage Claims
One of the most common disputes involves damage to the adjoining property. The building owner is legally responsible for repairing any damage caused by the works, but disagreements can arise over:
- Whether the damage was caused by the works or pre-existed
- The extent of the damage
- The appropriate repairs needed
- The cost of repairs
Resolution: The schedule of condition prepared before works begin is crucial evidence in resolving these disputes. If surveyors cannot agree, the third surveyor may be called upon to make a determination.
Cost Disputes
Disagreements about costs can include:
- Surveyor’s fees
- Cost of additional work required by the award
- Compensation for loss or inconvenience
Resolution: The Act generally places the financial burden on the building owner, but surveyors can determine fair apportionment of costs in the award.
Access Disputes
The Act provides rights of access to the adjoining property when necessary, but disputes can arise over:
- The timing and duration of access
- The extent of access required
- Notice periods for access
Resolution: The party wall award should specify access arrangements. If disputes arise, surveyors can issue an addendum to the award.
Proper protective measures can help prevent damage and disputes
Deviation from the Award
If the building owner deviates from the specifications in the award, this can lead to disputes about:
- Unauthorized additional work
- Changes to the agreed method of working
- Breaches of working hours or other restrictions
Resolution: The surveyors can issue an addendum to the award to cover changes, or in serious cases, the adjoining owner may seek an injunction.
Case Study: Basement Extension with Party Wall Award
Successful basement extension project completed with proper party wall procedures
Scenario: The Smiths wanted to create a basement extension beneath their Victorian terraced house in London. The works would involve excavating 3 meters below the shared party wall with their neighbors, the Johnsons.
The Process
- The Smiths served a party wall notice on the Johnsons two months before the planned start date.
- The Johnsons dissented and appointed their own surveyor.
- Both surveyors conducted thorough inspections and prepared a detailed schedule of condition of the Johnsons’ property.
- The surveyors agreed on specific requirements for the basement works, including:
- Sequential underpinning of the party wall
- Installation of movement monitoring equipment
- Restricted working hours
- Special measures to control dust and noise
- A comprehensive party wall award was issued, including all engineering details and method statements.
- During the works, a small crack appeared in the Johnsons’ property.
- The surveyors inspected the damage and determined it was caused by the works.
- The award was amended to include repairs to the crack at the Smiths’ expense.
- The project was completed successfully with minimal disruption to the Johnsons.
Outcome: Despite initial concerns, the party wall award process provided a framework that protected both parties’ interests. The Smiths got their basement extension, and the Johnsons were protected from damage and unnecessary inconvenience.
“Having a proper party wall award in place saved us from what could have been a very contentious situation with our neighbors. The surveyors handled everything professionally and when an issue arose, there was already a process in place to resolve it.”
Frequently Asked Questions About Party Wall Awards
Can I refuse a party wall award?
You cannot simply refuse a party wall award if the works fall under the Party Wall etc. Act 1996. However, you can appeal against an award to the County Court within 14 days of it being served if you believe there are grounds to do so. Valid grounds might include procedural errors or if you believe the surveyor has exceeded their authority.
Who pays for the party wall surveyor?
Generally, the building owner (the person undertaking the work) is responsible for all reasonable costs associated with the party wall process. This includes the fees of both their own surveyor and the adjoining owner’s surveyor. However, if the adjoining owner makes unreasonable demands or causes unnecessary delays, the surveyor might apportion some costs to them.
How long does it take to get a party wall award?
The timeframe varies depending on the complexity of the works and how quickly information is provided. At minimum, you should allow 2-3 months from serving notice to having an award in place. Simple cases might be resolved more quickly, while complex projects or disputes can take longer. It’s advisable to start the party wall process well in advance of your planned construction start date.
What happens if my neighbor ignores the party wall notice?
If your neighbor doesn’t respond within 14 days of receiving the notice, they are deemed to have dissented. You must then follow the dispute resolution procedure by appointing a surveyor on their behalf. This is a common misconception – you cannot simply proceed with the works if there’s no response. The surveyor appointed on their behalf will act impartially to protect their interests.
Can I start work without a party wall award?
Starting notifiable works without following the proper party wall procedures is not advisable. It’s a breach of the Party Wall etc. Act 1996 and can result in legal action, including an injunction to stop the works. Additionally, you would lose the protection the Act provides and could be liable for any damage caused. Always obtain the necessary party wall award before commencing notifiable works.
Conclusion: Navigating Party Wall Awards Successfully
Party wall awards are an essential part of the construction process when working on or near shared boundaries. While they may seem complex, understanding the process and getting professional advice early can help avoid disputes, delays, and unnecessary costs.
Remember these key points:
- Start the party wall process early – at least 2-3 months before your planned construction start date
- Ensure notices are properly served with all required information
- Consider using a professional to prepare and serve notices
- Always obtain a schedule of condition before works begin
- Follow the award’s specifications precisely during construction
- Maintain open communication with neighbors throughout the process
By following the proper procedures and working with qualified professionals, you can ensure your construction project proceeds smoothly while maintaining good relationships with your neighbors.
Following proper party wall procedures leads to successful projects and good neighbor relations
