If your works fall within the Party Wall etc. Act 1996 and you’ve served a Party Wall Notice on every affected neighbour (the Adjoining Owner), the next question is whether you’ll need a Party Wall Award (often called a Party Wall Agreement). Here’s how to tell—fast.
What is a Party Wall Notice?
A Party Wall Notice is a written, legally valid notification from the Building Owner (you) to each Adjoining Owner describing the notifiable works, the relevant Act section(s), and the intended start date.
- For excavations (Section 6), you must include a plan and section showing depths and any underpinning/special foundations.
- Drawings are good practice for all notices—they help owners and surveyors understand the proposal and usually speed things up.
Serving a valid notice starts the formal process.
How can the Adjoining Owner respond?
1) Consent
If your neighbour consents in writing, the Act’s dispute procedure pauses and no Award is required. You still owe statutory duties (e.g., avoid unnecessary inconvenience, make good or compensate for damage caused by Act works).
2) Dissent + Agreed Surveyor
Both owners jointly appoint one impartial surveyor. They issue a Party Wall Award setting out what may be done, how and when (time & manner), access protocols, safeguards, and damage procedures.
3) Dissent + Separate Surveyors
Each owner appoints their own surveyor; those two select a Third Surveyor as a back-stop. The surveyors agree (or the Third Surveyor determines) a binding Award.
Bottom line: An Award is only required following dissent (or deemed dissent after no reply within the statutory timeframe).
What does a Party Wall Award include?
A well-drafted Award typically covers:
- Authorised works under the Act and the time & manner of execution.
- Protections (e.g., sequencing, dust/noise controls, temporary works, scaffold conditions).
- Access arrangements under Section 8.
- Damage procedure: make good or compensation, including payment in lieu where applicable.
- Costs (usually paid by the Building Owner, provided they’re reasonable).
Quick checklist for Building Owners
- ✅ Serve valid notices (correct sections, details, dates, and drawings where required).
- ✅ Keep proof of service and diarise response deadlines.
- ✅ Provide complete structural info (calcs, plans/sections) promptly to avoid delays.
Want a simple, compliant route—without overspending?
Email team@simplesurvey.co.uk. Simple Survey are the lowest-cost party wall surveyors across England & Wales. We’ll confirm what’s notifiable, draft and serve valid notices and issue a clear, fair Award that protects both sides and keeps your project on programme.