Understanding A Party Wall Award

A party wall award is a critical consideration for homeowners embarking on renovations or construction projects that have the potential to affect a neighbouring property. This guide delves into the essentials of party wall awards, covering the legal framework, processes, and frequently asked questions to provide a thorough understanding for anyone involved in such projects.

What is a Party Wall Award?

A party wall award is a legally binding document drawn up between a surveyor, or surveyors, on behalf of property owners who share interests in walls, structures and adjacent lands. An award, also referred to as an agreement, is necessary when one or both parties plan to carry out building works that could affect the structural integrity or stability of a shared wall or any adjoining properties.

The Legal Framework

In the UK, party wall matters are governed by the Party Wall etc. Act 1996. This Act provides a clear legal framework for preventing, handling and resolving disputes related to party walls, boundary walls, and excavations near neighbouring buildings. The Act applies to England and Wales and outlines the rights and responsibilities of property owners involved in such projects. You can read more about this act here.

When is a Party Wall Award Required?

A party wall award is required for the following types of work:

1. Building on or at the boundary of two properties: This includes constructing a new wall or extending an existing wall.

2. Work on an existing party wall or structure: This may include demolishing, rebuilding, extending, or modifying a shared ‘party wall’ or a ‘party structure’ such as floors between flats, as well as constructing a second-story extension above a shared wall.

3. Excavation work near neighbouring buildings: Excavations within a certain distance from adjoining buildings (3 or 6 meters, depending on the depth) also require notification under the Act.

4. Work to garden boundary walls: This excludes normal fences made of timber or concrete posts they do not come under the 1996 Act.

5. Inserting a damp-proof course into a party wall.

6. Loft conversions that cut into a party wall.

The Process of Obtaining a Party Wall Award.

1. Serving Notice: The property owner intending to carry out the work must serve the relevant notices on the adjoining owner(s) at least two months before the planned start date. These notices 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.
• Dissent and concur in the appointment of an agreed surveyor.
• Dissent and appoint a party wall surveyor of their own choosing.

3. Surveyors’ Appointment: If there is a dissent, both parties must appoint a surveyor. These surveyors then prepare a party wall award, which outlines the scope of the work, conditions, and any protective measures required to safeguard the adjoining property.

4. The Party Wall Award: This is a detailed document that serves as the agreement between the parties. It includes schedules of condition, drawings, and contains the surveyors’ determination on the timing and the manner in how the work will be carried out to prevent damage or inconvenience to the adjoining owner.

5. Commencing Work: Once the award is agreed upon and signed by the surveyor(s) appointed, the building owner may commence work, adhering to the terms and obligations outlined in the award.

Commonly Overlooked Aspects

• Timeframes and Delays: Many homeowners underestimate the time required to secure a party wall award. Starting the process early is crucial to avoid project delays. We suggest contacting a party wall specialist, such as ourselves, a minimum of 2-3 months prior to your intended start date. 
• Costs Involved: The building owner is typically responsible for all costs associated with the party wall process, including any appointed surveyor(s) fees. 
• Dispute Resolution: The Act includes provisions for resolving disputes, typically involving a third surveyor if the two appointed surveyors cannot agree. 

Frequently Asked Questions

• Q: Do I always need a Party Wall Award for minor works?
• A: No, minor works that do not fall under the Act such as decorating or inserting fixings for wardrobes, cabinets or picture frames into the party wall usually do not require a Notice to be served, and would not require an Award. If you are unsure, you are welcome to call us for free advice.

• Q: What happens if my neighbour ignores the Party Wall Notice?
• A: If the adjoining owner does not respond within 14 days, it is assumed they dissent, and both parties must appoint surveyors. After the 14 days, your selected party wall surveyor should serve a 10-day letter onto the recipient(s) of the notice, extending the statutory time frame by a further 10 days. Upon expiry of these 10 days, if no response has been received, it is deemed that your neighbour has dissented and therefore you must appoint a surveyor on behalf of your neighbour. A common misconception is that in the event of a non-response, the building owner may just simply commence works. This is not the case.

• Q: Can I start work without a party wall agreement?
• A: Starting work without serving a notice or having a party wall award in place when required is illegal and can result in injunctions and legal action from your neighbour. It is crucial to follow the procedures outlined in the Party Wall etc. Act 1996.

• Q: How long does a Party Wall matter take?
• A: The process can take several weeks to a few months, depending on the complexity of the works and the availability of the information required.

• Q: Who pays for the Party Wall Surveyor?
• A: The building owner undertaking the works is in all usual circumstances, responsible for covering the costs of any surveyors’ involvement.

• Q: What if my property is damaged during the work?
• A: The party wall award should include a schedule of condition, documenting the state of the adjoining property before the work begins. If damage occurs, this document helps in making a claim for repairs. The surveyor(s) are there to assist in the resolution of damage claims and will be able to advise on the options in the event damage is caused.

• Q: Does the Party Wall Act apply to garden walls?
• A: Yes, the Party Wall etc. Act 1996 applies to garden walls if they are built astride the boundary line, built up to the boundary or if the work involves excavation near the boundary which has a wall owned by a neighbour adjacent to it.

Understanding and adhering to the requirements of a party wall agreement is essential for a smooth renovation or construction project. By following the legal framework and engaging with your neighbours early in the process, you can avoid disputes and ensure a positive outcome for all parties involved.

If you have a project in mind or are a neighbour to a property who are proposing to build, why not contact us for a free 30m consultation where one of our specialist Party Wall surveyors can provide advice and guidance.