When a Party Wall Notice is served and the Adjoining Owner doesn’t consent within 14 days, a dispute arises under the Party Wall etc. Act 1996. Each owner then appoints a surveyor (or both agree on one Agreed Surveyor). The document those surveyor(s) produce to resolve that dispute is the Party Wall Award.
What an Award Can Decide (Section 10(12))
By law, an Award may determine:
- The right to execute the works (i.e., that the notified works may proceed);
- The time and manner in which those works must be carried out (controls and safeguards); and
- Any other matter arising from the dispute, including costs (e.g., surveyors’ fees, damage procedures).
That scope is intentionally broad so surveyors can tailor protections to the project and site.
What the Award Usually Contains
A typical Award will include a preamble and around 12–16 clauses, covering:
- Project and parties: property addresses, owner details, surveyor appointments, and a record of the notices served.
- Core conditions on the Building Owner (often a clause early in the document):
- Working hours and site conduct
- Dust, noise, and vibration controls
- Access arrangements under Section 8 (notice, protection, making good)
- Method and sequencing requirements where risk is higher
- Damage and making good: how damage is identified, notified, assessed, and remedied—or compensated.
- Costs: who pays the surveyors’ reasonable fees and on what basis.
- Dispute mechanics: how any further points are to be handled (including referral to a Third Surveyor if applicable).
Surveyors often start from the latest RICS template (currently 7th Edition) and modify it to match the specific scheme, drawings, and risks.
Common Attachments
- Drawings showing the proposed works.
- Method statements or temporary works notes where needed (e.g., steel insertion, underpinning, excavations).
Impartiality and Service
Surveyors must act impartially. The Award is agreed between the surveyors, not negotiated by the owners. Once final, it is served on both owners—promptly (“forthwith”)—and the 14-day appeal period begins.
Addendum Awards
If new issues arise during the works—say, over cause of damage or quantum for making good—the surveyors may issue further (addendum) awards to resolve those points.
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