A Party Wall Award is the legally binding conclusion of the Act’s dispute process. It sets out exactly how, when and in what manner the notifiable works must be carried out. If the works drift from those conditions—even with the best intentions—you’re likely in breach of the Award. That creates risk: damage, neighbour complaints, stoppages, and, in the worst cases, injunctions and extra costs.
Below are the most common breaches we see on site, why they matter, and the quickest route to getting back onside.
1) Power tools on the party wall
The breach: Contractors use percussive or vibrating tools directly on a party wall / party structure despite the Award requiring hand tools or non-percussive methods for chasing, cutting, trimming or removing fixings.
Why it matters: The hand-tools clause is there to limit vibration and micro-movement that can crack plaster, loosen bonding, and telegraph through sensitive finishes next door. It’s a classic protective condition in Section 2 works (e.g., loft steels, chimney breast removals).
Fix it fast:
- Stop percussive works immediately and switch to the method specified.
- Brief the site team (and any sub-contractors) on the Award’s tool restrictions; put the clause on the daily briefing sheet / RAMS.
- If the method genuinely won’t achieve the engineering intent, contact the surveyor(s) before you improvise. You’ll either get written clarification or a short variation award. Don’t “ask forgiveness later”—that’s still a breach.
2) Overstaying your welcome on Section 8 access
The breach: The contractor remains on the neighbour’s land beyond the hours/days permitted in the Award or carries out tasks not listed in the access schedule (e.g., leaving scaffolds up longer than allowed, using access for convenience rather than the awarded operations).
Why it matters: Access under Section 8 is a statutory right—but only to do the specific notifiable works, within strict timing and safeguards. Overstaying increases nuisance exposure and can invalidate the good-will the Award created.
Fix it fast:
- Re-sequence the programme so awarded access tasks are prioritised and completed within the window.
- If unforeseen events (weather, supply issues, unexpected site conditions) mean you can’t finish in time, tell the surveyor(s) immediately. They can agree a short extension or issue a supplemental award.
- Remove equipment/plant at the end of each awarded day unless the Award expressly permits leaving it in situ.
3) Leaving an open excavation unsupported
The breach: A Section 6 excavation is dug and left open unsupported (for example, more than 12 hours where the Award or method statement requires temporary works, shoring or trench support within that period).
Why it matters: Unpropped trenches can undermine the neighbour’s foundation bearing, cause lateral ground movement and crack finishes. Awards commonly lock in support timescales and methods to avoid exactly that.
Fix it fast:
- Install the temporary works specified (shoring, braces, sacrificial shutters, trench boxes) without delay.
- Record what you’ve installed (photos + brief site note) and update the surveyor(s).
- If design conditions differ on the day (ground is wetter/looser than expected), pause, consult the engineer, and get the surveyor(s) a short addendum or confirmation note. Don’t “hope for the best” overnight.
What to do the moment a breach is suspected
- Stop, check, correct. Pause the problematic task and revert to the Award’s method.
- Tell the surveyor(s). A quick email or call with photos keeps everyone aligned and reduces escalation.
- Document remedials. Jot down what changed and when—it’s your evidence of compliance.
- Use the variation route, not workarounds. If the Award no longer fits site reality, ask for a written clarification or variation award. It’s faster (and safer) than dealing with a complaint later.
Consequences of ongoing breach
- Immediate site friction: neighbours can withdraw cooperation (especially access).
- Formal steps: surveyor(s) can issue directions or a supplemental award
- Costs: time spent by surveyor(s) dealing with non-compliance is typically recoverable from the Building Owner, along with any reasonable remedial costs where damage occurs.
The cheapest path is always timely compliance and transparent communication.
Keep it clean: five habits that prevent Award breaches
- Kick-off briefing: Walk your contractor through the Award conditions before Day 1.
- Pin it on site: Keep a printed Award in the site file and on the wall of the welfare unit.
- Daily tool check: Supervisors confirm hand-tool clauses are followed where required.
- Access countdown: A mini-programme for Section 8 days avoids overruns.
- Engineer on speed dial: Temporary works and excavation support queries get same-day decisions.
Need help getting back into compliance—or avoiding breaches altogether?
Simple Survey keeps projects on track with clear conditions and practical, build-able guidance.
Our ultra-low fees:
- Party Wall Notice service: £25 per adjoining ownership (multi-notice bundles discounted)
- Act administration as Agreed Surveyor (single surveyor): typically £300 fixed fee (depends on complexity and number of notices/owners)
- Two-surveyor route (we act for the Building Owner): fixed-fee proposals from £325 for our side (we work to keep your neighbour’s surveyor’s hourly fees reasonable and contained)
Got an Award and worried you’re off-track? Email the Award and your latest drawings to team@simplesurvey.co.uk. We’ll highlight the non-compliances, set out the quickest remedial steps, and—if needed—draft the clarifications or variation award to put you back on solid legal ground.