As surveyors, we frequently receive inquiries from property owners asking, “I need a party wall agreement—can you help?” The short answer is yes, but let’s break things down a bit first.
Surveyors are responsible for preparing what is officially known as a Party Wall Award. Depending on the situation, a single surveyor can prepare this for both parties if they agree, or two separate surveyors can be appointed if each side prefers. The main purpose of the award is to settle any disagreements that may arise if a neighboring property owner (the “adjoining owner”) objects to the party wall notice.
The good news? In some cases, you might not need an award at all!
If your neighbor agrees to the proposed work, no dispute arises, and thus, no award is required. Let’s explore this in more detail.
Do I Always Need a Party Wall Award?
Not necessarily. A Party Wall Award isn’t a requirement for both parties to enjoy the protections provided by the Party Wall etc. Act 1996. What’s actually required is that the building owner serves a valid party wall notice before beginning any work. A common misconception is that neighbors are only protected if an award is issued, but in reality, the protections begin as soon as a proper notice is served.
What Does a Party Wall Award Include?
A Party Wall Award typically consists of three main components:
- The Award itself: This outlines how the work must be carried out.
- Photographic Schedule of Condition: A detailed record of the neighbor’s property condition before the work begins, backed by photographs and descriptions.
- Drawings: These illustrate the proposed works that are subject to the Party Wall Act.
Any additional relevant details may also be included.
What Does the Award Cover?
Although the format of a Party Wall Award can vary, most awards generally cover several key details:
- Parties’ Information: Addresses of both properties, along with the names and contact details of the owners.
- Surveyors’ Information: Whether it’s a single agreed-upon surveyor, or two independent surveyors with a third appointed if needed.
- Details of the Proposed Work: A clear description of the planned works covered by the Party Wall Act.
- Working Hours: The hours during which the work can be carried out.
- Weekend Work: Whether work can be done on weekends.
- Access Arrangements: How access to the neighbor’s property will be managed.
- Security Measures: Any necessary precautions to ensure safety.
- Protection for Party Walls: How exposed walls will be protected during construction.
- Start Date: A deadline for when the building owner must begin the work.
- Costs and Payments: Who will bear the costs and when payment should be made.
How Are Party Wall Awards Enforced?
A Party Wall Award becomes enforceable once it’s deemed valid. This means both parties are legally bound to follow its terms. If one party fails to comply with the award, they can be taken to court. If the court rules in favor of the affected party, it will issue a judgment, which will be enforced in the usual manner.
Because the award benefits both property owners, the affected party has the right to pursue enforcement. For this reason, surveyors always recommend that clients seek legal advice if they intend to enforce any part of the award.
One of the goals of the Party Wall Act is to avoid court disputes, and it’s effective in doing so. Many disagreements can be resolved through direct discussion between neighbors, often without needing formal legal action.
What Happens if I Disagree with the Award?
Once you’ve received the Party Wall Award, you have the right to challenge it. You have 14 days to appeal the decision in county court. Although you can handle this process yourself, it’s highly advisable to consult with a surveyor to assess your concerns. Here’s why:
While thousands of Party Wall Awards are issued every year, only a few hundred are appealed, and even fewer go to trial. Moreover, the lack of published case law makes it difficult to know whether an appeal is likely to succeed.
What if I Decide to Appeal the Award?
If you choose to appeal, be prepared for the potential costs and risks involved. Appealing an award is considered contentious litigation, meaning one party will win, and the other will lose. The losing party usually bears most of the costs, which can run into tens of thousands of pounds.
Additionally, appeals can be lengthy—sometimes taking several months. By the time your case is heard, your neighbor may have already completed the work. Therefore, appealing should not be taken lightly. If you’re unsure about the award’s contents, seek legal advice before proceeding. Often, your surveyor can clear up any misunderstandings and resolve the issue without the need for an appeal.