If you’re planning building works, you might be wondering:
“Can my neighbour and I just agree something between ourselves instead of going through surveyors and a Party Wall Award?”
Let’s clear this up.
Under the Party Wall etcetera Act 1996, a Party Wall Award is a specific legal document. It can only be made by:
An Agreed Surveyor, which is a surveyor acting for both owners.
Two Party Wall Surveyors.
Or, in some cases, a Third Surveyor.
Owners themselves cannot make a valid Party Wall Award. Even if you both sign a document and call it an “award”, if it hasn’t been made by a Party Wall surveyor, or Surveyors, under Section 10 of the Act, it simply isn’t a Party Wall Award in law.
So what about a Party Wall Agreement?
This is where the jargon gets confusing. Some people – including professionals – casually use the phrase “agreement” when they really mean a Party Wall Award. In that context, they’re talking about the same thing.
However, take note that some companies actually market and sell “Party Wall Agreements” which are nothing more than a private contract between the two owners.
These sit outside the Party Wall Act. They don’t give you the same statutory protections, they don’t create the same dispute resolution mechanism, and they don’t carry the same legal status as an Award.
So, can you agree things amicably with your neighbour? Absolutely – and you should. Good communication often makes the whole process smoother. However, you can’t circumvent surveyors and write your own Party Wall Award. Any owner who is being advised they can, should seek party wall advice without delay.
The Party Wall Award is the go to document when work related issues arise. These awards can only be prepared and signed by a properly appointed surveyor or surveyors. That’s what gives it its legal teeth – and what gives you both proper protection if something goes wrong.
Want to speak with our party wall surveying team today? Feel free to give us a shout!