What’s valid under the Act—and what isn’t
Party Wall “Awards”, “Agreements”, “Contracts”… it’s easy to get lost in the terminology. The Party Wall etc. Act 1996 uses very specific language and procedures.
Using the right instrument matters—for enforceability, access rights, and protection against damage.
Here’s a clear, comprehensive guide.
1) What is a Party Wall Award—and who can make one?
A Party Wall Award is the only binding document under the Act that resolves a “dispute” (i.e., a dissent or deemed dissent to a Notice). It:
- Authorises the notifiable works to proceed (within the Act’s framework).
- Sets the time and manner of the works (method constraints, working hours, sequencing).
- Grants and regulates access under Section 8 (extent, duration, protections).
- Allocates responsibility for making good and/or paying compensation for damage.
- May address risk controls (hand tools on the party wall, trench support limits, temporary weathering, monitoring, etc.).
- Is enforceable—failure to comply can have legal consequences.
Who can make a valid Award?
Only surveyors appointed under Section 10 can. That means either:
- An Agreed Surveyor (one surveyor jointly selected by both owners), or
- Two Surveyors (one for each owner), with a Third Surveyor selected to determine any referral between them.
Owners cannot write their own Award. Solicitors, architects, or anyone else can’t “issue” an Award unless they are properly appointed surveyors under the Act for that specific matter.
2) “Party Wall Agreements” vs Party Wall Awards (not the same thing)
You’ll see some practitioners advertising a “Party Wall Agreement” as a quick resolution. Be careful:
- A “party wall agreement” is not a statutory instrument under the Act.
- At best, it is a private, civil contract between owners.
- It does not replace an Award and does not confer the Act’s special rights (e.g., regulated access, statutory damage remedies, enforceability via the Act’s mechanisms).
- If a Notice has been dissented or deemed dissented, the only proper route to regularise works is an Award made by an Agreed Surveyor or Two Surveyors.
Bottom line: If you need the Act’s protection and enforceability, you need a Party Wall Award, not a “party wall agreement”.
3) Retrospective Awards—why they don’t exist
You cannot serve Notices retrospectively after notifiable works have been completed, and you cannot “backfill” with a retrospective Award. Any product described as a “retrospective Party Wall Award” is not provided for by the Act and should be treated with caution.
If notifiable works were carried out without the Act:
- The Adjoining Owner’s recourse is typically under common law (nuisance, negligence, trespass), not the Party Wall Act.
- Attempts to “cure” a breach by buying a “retrospective Award” will not grant the statutory protections or rights that should have been in place pre-works.
If you’re being offered a retrospective Award—walk away. Seek proper advice on your position and next steps.
4) What a well-drafted Award should contain
To protect both owners and reduce post-start friction, a robust Award commonly includes:
- Project particulars: addresses, owners, appointed surveyors, Notices referenced.
- Drawings and structural information: final or construction-issue plans/sections relied upon.
- Method and sequence: including hand-tool only clauses at the party wall/structure, vibration limits (if relevant), and time limits for open trenches or temporary works.
- Access terms (s.8): scope, routes, protection (hoarding, protection mats, security), timings, notice of entry, reinstatement.
- Damage protocol: notification, inspection, causation finding, make-good vs compensation, quotation/evidence requirements, payment timeframe.
- Security for Expenses (where appropriate): amount, form, stakeholder, conditions for release.
- Dispute mechanism: referral to the Third Surveyor (in two-surveyor cases).
- Service details: how and when the Award is served; 14-day appeal window guidance.
5) Common pitfalls to avoid
- Relying on a private “agreement” instead of an Award where a dissent exists.
- Trying to “retro-award” once the works are finished.
- Incomplete drawings attached to an Award (especially for s.6 adjacent excavations).
- Missing/weak protection clauses, leading to unnecessary damage risk and conflict on site.
- Contractor not briefed on the Award—protections ignored because nobody read it.
6) Practical sequence to get to a valid Award—fast and safely
- Serve valid Notices (correct owners, correct sections, correct lead times, correct service under s.15).
- Appointment: If dissent, agree Agreed Surveyor (simple works) or two surveyors (complex/higher risk).
- Information pack: up-to-date structural drawings, method, programme, access needs.
- Draft & negotiate Award: ensure protections and damage protocol are tangible and practical.
- Serve Award: brief your contractor, log the appeal period (14 days).
- Comply on site: follow the method, access rules, and protective conditions to the letter.
Simple, fixed, nationwide pricing (no surprises)
Party Wall Notices
- Drafting + valid service (per Adjoining Owner) ………………… £25
Party Wall Awards
- Agreed Surveyor Award (one surveyor for both owners) ………. from £300 (fixed)
- Building Owner’s Surveyor (two-surveyor route) ……………. from £325 (fixed, our side)
We’re RICS-qualified, experienced in lofts, extensions, basements, chimney removals, party structure works, and we keep the process clear and calm for both owners.
Need a valid Party Wall Award—no gimmicks?
Email your drawings and neighbour details. We’ll confirm what’s notifiable, set out the proper statutory path, and issue fixed fees from Notice through to Award.
Simple Survey — Nationwide • Fixed Fees • Experienced & Qualified
📧 team@simplesurvey.co.uk