Party Wall Act Awards Explained
The Party Wall Act is a crucial piece of legislation in England and Wales that governs the rules for building work that affects shared walls, boundaries, and structures between properties. This legislation, formally known as the Party Wall etc. Act 1996, was introduced to prevent and resolve disputes related to party walls, boundary lines, and excavations near neighbouring buildings. One of the central mechanisms of the Act is the Party Wall Award, but for many property owners, understanding what an Award is, how it works, and its consequences can be confusing. This article aims to provide a comprehensive explanation of Party Wall Act Awards, their importance, the process, and the responsibilities of property owners, surveyors, and adjoining owners.
What is the Party Wall Act?
The Party Wall Act is designed to facilitate development while also protecting the interests of adjoining property owners. It outlines the procedures that must be followed when one party (the ‘Building Owner’) plans to undertake works that might affect neighbouring properties (the ‘Adjoining Owner’). These works can include:
- Building on or near the boundary line between two properties
- Carrying out alterations to a shared or party wall
- Excavating or constructing foundations close to neighbouring structures
- Increasing the height or thickness of a party wall
- Demolishing or rebuilding a party wall
Without the Act, disputes and misunderstandings could arise, causing unnecessary delays, legal complications, or even structural damage. The law thus serves as a neutral framework to avert and settle such issues.
Defining a Party Wall
Before delving further, it’s important to define a party wall. In essence, a party wall is either:
- A wall that stands on the land of two (or more) owners and forms part of a building
- A wall that stands solely on one owner’s land but is used by two (or more) owners to separate their buildings
- A party structure – which can include floors or other structures separating different parts of a building owned by different people (for instance, flats)
Understanding these definitions clarifies what falls under the Act’s jurisdiction and which works necessitate a Party Wall Award.
When is a Party Wall Award Required?
A Party Wall Award is required when:
- There is no written consent from the adjoining owner regarding the proposed works,
- and a dispute arises in connection to the works.
If you, as the Building Owner, serve a Party Wall Notice and your neighbour (the Adjoining Owner) either objects, does not respond, or otherwise disputes the works, the Act enables each party to appoint a surveyor. These surveyors are responsible for resolving the dispute impartially by producing a Party Wall Award.
The Party Wall Notice: The Starting Point
Everything starts with the Building Owner serving a Party Wall Notice to the Adjoining Owner. The notice details the type of work intended and should provide sufficient information about the timing, method, and potential impact. The Adjoining Owner can either consent, object, or ignore the notice:
- If they consent, work typically proceeds (with certain precautions).
- If they object or do not respond within 14 days, a dispute is deemed to exist, triggering the need for surveyors and an Award.
This notice must be served a fixed period in advance usually two months before starting the work, although for some works, such as excavations, the timeframe may be one month.
The Role of Party Wall Surveyors
Surveyors play a pivotal role in ensuring that the Party Wall Act process is followed correctly. Here’s what you need to know:
- Each party can appoint their own surveyor.
- Both parties can agree on a ‘Agreed Surveyor’, who acts impartially for both sides.
- Surveyors must act impartially, irrespective of who pays their fees or appoints them.
Once appointed, the surveyors (or single Agreed Surveyor) draw up a Party Wall Award a legally binding document that sets out the rights and responsibilities of both parties, the schedule of works, methods of operation, safeguards, and sometimes a schedule of condition.
What is a Party Wall Award?
A Party Wall Award (sometimes referred to as a Party Wall Agreement) is a formal document prepared by surveyors. It determines:
- How and when the intended works are to be carried out
- What measures should be taken to protect the interests of the Adjoining Owner
- Records of the condition of adjoining structures (i.e., a Schedule of Condition)
- Arrangements for access, working hours, and making good
- Remedies if damage occurs
- Any other issues related to the work that the surveyors deem appropriate
This Award thus functions as a set of rules and agreements that both parties are legally required to follow. Once issued, it binds the Building Owner and Adjoining Owner, and legal recourse exists if the Award is not followed.
The Structure of a Party Wall Award
A typical Party Wall Award will include:
- The names and addresses of the Building Owner and Adjoining Owner(s), plus the appointed surveyors
- A detailed description of the intended works covered by the Party Wall Act
- A schedule for the proposed works
- Any stipulations regarding access and working hours
- The Schedule of Condition (with photographic evidence where appropriate)
- Procedures for reporting and remedying damage
- Determination of costs and who will pay them (typically the Building Owner, unless certain costs are caused by the Adjoining Owner’s unreasonable behaviour)
- Instructions for issuing further Awards if issues arise
- Provisions for dispute resolution
The Schedule of Condition
The Schedule of Condition is a critical part of most Awards. Before work commences, the surveyor(s) will inspect and record the state of the adjoining property or structure. This record (often including photos and detailed notes) acts as a benchmark. If the Adjoining Owner later claims damage, the Schedule of Condition allows for a fact-based comparison before and after the work.
How Long Does the Award Last?
A Party Wall Award is typically valid for twelve months from its date of issue, although this can vary if the Award itself specifies otherwise. If work does not commence within this period, the process must be re-started.
What Can Be Included in a Party Wall Award?
The scope of a Party Wall Award can be quite broad. It is tailored to the proposed works and circumstances, often covering:
- Timeframes for the work
- Working hours allowed, to minimise nuisance
- Protective measures (e.g., dust sheets, vibration monitoring)
- How access is to be granted, and how much notice is required
- Security measures and insurances
- Precautions for services (e.g., gas, electricity, water)
- Provisions for temporary support, shoring up, or weatherproofing
- How debris and waste will be handled
- Details on reinstatement following completion
Appealing a Party Wall Award
Once an Award is served, both the Building Owner and Adjoining Owner have the right to appeal its contents at the County Court within 14 days of receipt. Appeals are relatively rare but can arise if one party believes the Award is unjust, contains inaccuracies, overreaches the works, or is incomplete. It’s crucial to understand that making an appeal is a formal legal process and typically requires expert legal advice.
Why Party Wall Awards Matter
Understanding Party Wall Awards is essential for any property owner planning construction works near or on shared boundaries. They provide a clear, legally binding framework that protects both building owners and adjoining owners, ensuring that works are carried out responsibly while minimising disputes and risks.
Failing to follow the correct procedures under the Party Wall etc. Act 1996 can lead to costly delays, legal action, and strained neighbour relations. By securing a Party Wall Award where required, you not only comply with the law but also safeguard your project from unnecessary complications.
At Charrette Law, our experienced team specialises in Party Wall matters, offering expert guidance from serving notices through to resolving disputes and preparing Party Wall Awards. We ensure the process is handled efficiently, professionally, and in full compliance with the legislation.
Contact Charrette Law today to speak with one of our experts and get tailored advice on your project, ensuring your development proceeds smoothly and without risk.