If you’ve started Googling party wall procedures, you’ve almost certainly come across the phrase “Party Wall Agreement”.
Here’s the important bit:
There is no such thing as a “Party Wall Agreement” in the Party Wall etc. Act 1996.
The Act only recognises a Party Wall Award.
That doesn’t stop the term being used – and sometimes mis‑used – by owners and even by some surveyors. This article unpacks the jargon so you know exactly what you’re being offered, and what legal protection you do (or don’t) have.
1. What the Act Actually Says
The Party Wall etc. Act 1996 uses the word “award” repeatedly (around 15 times), for example in section 10 which deals with dispute resolution.
An Award is the only formal, legally recognised document under the Act that:
- Resolves the “dispute” created by a dissent to a notice
- Gives the building owner the legal right (through the eyes of the Act) to proceed with the notifiable works
- Sets out the time and manner of those works
- Records the protections and procedures for dealing with issues like damage
- Confirms who pays which surveyors’ fees and related costs
Crucially:
- An Award can only be made by:
- An Agreed Surveyor, or
- Two surveyors (Building Owner’s Surveyor and Adjoining Owner’s Surveyor), or
- In a specific dispute, a Third Surveyor
Owners cannot “sign their own Award”. That’s simply not how the Act works.
2. So Why Do People Say “Party Wall Agreement”?
In day‑to‑day language, people often use “Party Wall Agreement” when they actually mean a Party Wall Award.
You’ll hear things like:
- “Has the party wall agreement been done yet?”
- “We’ve got a party wall agreement in place so we’re covered.”
In this informal context, it’s usually harmless – everyone is talking about the same thing (the Award), just using the wrong label.
However, there’s a more serious issue…
3. When “Party Wall Agreement” Is Not an Award
Some surveyors and companies market a product called a “Party Wall Agreement” which is not a statutory Award at all.
Typically, this is:
- A private contract drafted between the building owner and the adjoining owner
- Sometimes templated or lightly customised
- Not made under section 10 of the Act
- Not signed by surveyors acting in their statutory role
In that situation, you do not have:
- A Party Wall Award under the Act
- Surveyors appointed under section 10
- The built‑in statutory dispute resolution mechanism
- The ability to refer matters to a Third Surveyor
- The Act’s structured process for dealing with damage or breach
You simply have a civil contract between two owners.
That can be legally binding in its own right, but it is not a substitute for an Award and does not amount to compliance with the Party Wall etc. Act 1996.
4. The Risks of Relying on a “Party Wall Agreement” Only
If you’re being sold or relying on a non‑statutory “Party Wall Agreement” instead of an Award, be aware of the risks:
4.1 You May Not Have Complied with the Act
If:
- Proper notices were not served, and/or
- No surveyors were appointed under section 10, and/or
- No formal Award has been made
…then you may not have complied with the Act, even if you have a signed “agreement” between owners.
That can leave the building owner exposed to:
- Injunctions stopping the works
- Allegations of trespass, nuisance or negligence under common law
- A much more expensive and adversarial route to resolve problems
4.2 You Lose the Act’s Built‑In Protections
For both owners, skipping the Act in favour of a private agreement means you lose:
- The statutory duty for surveyors to act impartially
- The Award’s structure for handling damage, variations, access, timings, etc.
- The ability to challenge unreasonable fees through a Third Surveyor
- The 14‑day appeal mechanism written into the Act
Instead, any dispute will be:
- Managed under ordinary contract / common law, and
- Typically require solicitors and possibly court involvement
In many cases, that is slower, more expensive and significantly more stressful than using the Act as intended.
5. “But We Can Just Appoint a Surveyor Privately… Right?”
You can always appoint a surveyor privately – but without following the Act’s formal procedures:
- They are not acting as a statutory Party Wall Surveyor under section 10
- Their decisions do not automatically have the status of an Award
- They cannot create the automatic enforcement and procedural framework that the Act provides
Practically, that means:
- You’re paying for professional input
- But without the statutory teeth and protections that come with a true Party Wall Award
For some minor neighbour arrangements, a simple agreement may be enough. But where the works are clearly notifiable, skipping the Act is usually a false economy.
6. Red Flags – When to Be Cautious
Be particularly wary if you hear any of the following:
- “You don’t need surveyors; we’ll just do a party wall agreement between you.”
- “This isn’t an Award, but it’s just as good.”
- “We can do a retrospective party wall agreement now the work has started.”
- “Using an agreement instead of an Award avoids all the hassle of the Act.”
These statements often signal that:
- The Act is being circumvented, not followed
- You are being offered something outside the statutory process
- The long‑term risk (especially around damage and later disputes) is being pushed back onto the owners
Always pause and ask:
“Does this process actually comply with the Party Wall etc. Act 1996, and is a formal Award being made by a properly appointed surveyor?”
7. The Safe, Straightforward Route – A Proper Award
For notifiable works, the safest approach is almost always:
- Serve valid notices under the correct sections (1, 2 or 6 as appropriate).
- Allow the adjoining owner to choose their response (consent, agreed surveyor, or separate surveyor).
- Ensure surveyors are properly appointed in writing under section 10.
- Have a Party Wall Award made and served, dealing with:
- Works, timings and access
- Protections and working methods
- Damage procedures
- Surveyor and (where relevant) third surveyor fees
That way, both owners benefit from:
- A clear, legally recognised document
- A known dispute resolution structure
- A predictable, repeatable process that thousands of projects go through every year
Simple Survey – Clear, Fixed Nationwide Party Wall Costs
To keep things as simple and predictable as possible, we offer fixed fees for typical residential projects:
| Service | What’s Included | Fixed Fee (incl. VAT) |
|---|---|---|
| Party Wall Notice (per Adjoining Owner) | Compliance check, drafting, service & response tracking | £25 |
| Agreed Surveyor Award | Single impartial surveyor acting for both owners | £300 |
| Building Owner’s Surveyor Award | Acting for Building Owner in a two‑surveyor appointment | £300 |
For larger or more complex projects (e.g. basements, extensive structural works), we’ll agree any additional fees upfront, so you always know where you stand.
Not Sure if You’ve Got an Award or Just an “Agreement”?
If you’re being offered or have already signed something labelled a “Party Wall Agreement”, it’s worth double‑checking:
- Does it actually comply with the Party Wall etc. Act 1996?
- Has a surveyor been properly appointed under section 10?
- Is there a formal Award in place, or just a private contract?
At Simple Survey we are:
- RICS‑qualified
- Experienced in all forms of party wall appointments
- Focused on clear, honest, plain‑English advice
📧 Email your documents or questions to team@simplesurvey.co.uk
We’ll tell you quickly and straightforwardly whether you’re protected by a proper Award – or just holding a piece of paper with a nice title.
FAQ – Jargon Buster: Party Wall Agreements
Q1: My surveyor keeps calling it a “party wall agreement” – should I be worried?
Not necessarily. Many professionals use “agreement” informally when they actually mean a Party Wall Award. Ask them directly:
“Is this a formal Award under the Party Wall etc. Act 1996?”
If the answer is yes and surveyors have been appointed under section 10, you’re likely fine.
Q2: I’ve signed a document with my neighbour – does that mean we don’t need an Award?
Not if the works are notifiable under the Act. A private contract doesn’t replace the statutory process. You may still need proper notices, surveyor appointments and an Award to be fully compliant and protected.
Q3: Can I get a “retrospective” Party Wall Award after the works are done?
Genuinely retrospective awards are problematic and often criticised. If works are already completed, the focus usually shifts to damage, liability and remedies. Speak to a specialist surveyor or solicitor before relying on anything labelled “retrospective agreement”.
Q4: Is a Party Wall Agreement cheaper than an Award?
It might look cheaper upfront, but if it doesn’t comply with the Act and a dispute arises (for example, damage or access issues), you could face significant legal costs later under common law. A properly made Award is usually better value and more secure.
Q5: How do I check if what I’ve got is a real Award?
A genuine Award will typically:
- Name the surveyors appointed under section 10
- Refer to the relevant sections of the Act
- Set out the works, protections, timings and costs
- Be signed by the surveyor(s), not just the owners
- Be clearly titled as an “Award”
If in doubt, send us a scanned copy at team@simplesurvey.co.uk and we’ll tell you what you’re actually holding.
Q6: Can I still use my own solicitor if I have an Award?
Yes. An Award doesn’t stop you taking legal advice – it simply gives you a clear, structured starting point and often avoids the need for full‑blown litigation. Solicitors regularly use Awards as key documents when advising clients.
If you’d like help making sure you’ve got the right document in place – and not just a nicely titled “agreement” – we’re here to help.