A Party Wall Award is not simply a gentleman’s agreement.
It is a statutory determination made under Section 10 of the Party Wall etc. Act 1996.
But what happens when one owner does not comply with it?
Start by identifying the exact breach
Before talking about enforcement, establish what the Award actually requires.
Examples might include:
- payment of awarded surveyor costs;
- payment of compensation;
- compliance with a particular construction method;
- observing access provisions;
- undertaking making-good works;
- complying with specified timing arrangements; or
- another express obligation.
You cannot enforce an obligation that the Award does not actually impose.
Read the operative clauses, not just the background
Awards commonly contain:
- recitals;
- explanatory wording;
- drawings;
- appendices;
- operative directions.
The legally important question is what has actually been determined.
Simple Survey’s Navigating Party Wall Awards explains why valid Award wording matters.
Money and non-money obligations are different
Section 17 of the Act provides that sums payable under the Act are recoverable as civil debts.
That gives a statutory route for monetary liabilities.
A dispute over compliance with construction methodology or access may require a different enforcement approach.
Legal advice may therefore be necessary.
Do Party Wall surveyors enforce Awards?
Surveyors make Awards.
They are not court enforcement officers.
If one owner simply refuses to comply with a legally binding obligation, the matter may move beyond surveyor administration and into legal enforcement.
Should the third surveyor be involved?
It depends on what the dispute is.
Where a new dispute arises within the jurisdiction of the appointed surveyors, referral under Section 10 may potentially be relevant.
But if an existing Award is clear and one party simply refuses to obey it, the issue may be enforcement rather than further statutory determination.
Do not automatically assume a third surveyor replaces the courts.
What evidence should you keep?
If non-compliance is alleged, retain:
- the served Award;
- proof of service;
- relevant correspondence;
- photographs;
- contractor records;
- invoices;
- requests for compliance; and
- evidence of losses or unpaid sums.
Clear evidence can prevent a straightforward breach becoming an argument about what happened.
Can an Award be enforced years later?
Limitation and enforcement periods are legal questions that depend on the nature of the claim.
Seek legal advice rather than assuming there is unlimited time.
What if you think the Award itself is invalid?
That is different from enforcement.
If an Award is challenged, questions may arise about:
- jurisdiction;
- appeal;
- enforceability;
- procedural validity; and
- whether the Award can properly be relied upon.
Again, legal advice is appropriate.
First practical step
Often the sensible first step is a clear written request identifying:
- the relevant Award clause;
- the required action;
- the apparent non-compliance;
- the requested remedy; and
- a reasonable response period.
That can resolve some disputes without litigation.
The key point
An Award can be binding without being self-enforcing.
Where voluntary compliance fails, court enforcement or legal advice may become necessary.
Simple Survey can help
Simple Survey can review the Award and technical background to identify the Party Wall issue.
Where formal enforcement proceedings are contemplated, we recommend obtaining legal advice from a practitioner experienced in Party Wall matters.