Also known (incorrectly) as a “party wall agreement”
What is a Party Wall Award?
A Party Wall Award is a legally binding document made by party wall surveyor(s) under the Party Wall etc. Act 1996. It sets out what work can be done, how and when it must be done, and the protections for the neighbour’s property. It applies to qualifying works in England & Wales and is enforceable in the county court if breached.
Many homeowners call it a “party wall agreement.” That’s the same outcome in practice, but “Award” is the correct legal term used by the Act.
When do you need a Party Wall Award?
You need an Award if you’ve served a valid party wall notice and your neighbour dissents or does not reply within 14 days (which counts as a dissent for most notices). Typical notifiable works are:
- Section 2 (work to a party structure): cutting steel beams into a party wall for a loft, removing a chimney breast on a shared wall, underpinning, raising or exposing a party wall, rebuilding a party fence wall, inserting a damp‑proof course.
- Section 6 (adjacent excavation): excavating within 3 metres of a neighbouring structure to a deeper level than its foundations, or within 6 metres where a 45° line from the neighbour’s foundation would be cut (common for extensions and basements).
- Section 1 (new wall at/astride boundary): building a new wall up to the boundary (no projection) or astride the boundary (needs written consent; without it, the wall must be built wholly on your land).
If your neighbour consents in writing, no Award is required,.
What does a Party Wall Award include?
While every Award is tailored to the project, expect it to cover:
- Description of the works within the Act’s powers (with drawings/method statements where relevant).
- Time & manner of execution: working hours for noisy operations, sequencing (e.g., staged excavations), temporary works, and risk‑reducing methods (e.g., hand tools at the party wall).
- Protection measures: hoarding, sheeting, support to exposed elements, weathering of newly exposed walls.
- Access arrangements (s.8): when and how contractors can enter the neighbour’s land if necessary, including scaffolding and protection.
- Damage & compensation: a mechanism to make good or pay in lieu; how causation will be assessed against the pre‑works record.
- Security for expenses: if justified on higher‑risk schemes (e.g., basements), funds or a bond can be held to safeguard completion/repairs.
- Costs: who pays what (see below).
- Dispute route: how any issues during the works are referred back to the surveyors.
Once served on both owners, the Award is binding. Either party has 14 days to appeal to the County Court (see “Appeals” below).
The step‑by‑step process
- Serve notice(s):
- Section 2 party structure works: 2 months minimum.
- Section 1 & Section 6: 1 month minimum.
Notices must be in writing, dated, correctly describe the works and intended start date; excavation notices must include plans/sections. Email service is only valid if the recipient agreed in advance.
- Neighbour’s response (14 days):
- Consent (works can proceed without an Award).
- Dissent & Agreed Surveyor (one impartial surveyor acts for both).
- Dissent & Separate Surveyors (each appoints; a Third Surveyor is selected in reserve).
- No reply: treated as a dissent for s.2/s.6 so the surveyor route begins; for building astride the boundary (s.1(2)), silence means you cannot straddle the line.
- Drafting & agreeing the Award:
Surveyor(s) define the permitted works, protections, access, methods and cost allocations. Once signed/dated and served, notifiable works can begin (subject to any unexpired notice period). - During & after works:
Surveyor(s) may make interim inspections. On completion, a final check may be made and any damage settled by making good or payment in lieu.
How long does a Party Wall Award take?
Plan for 4–8 weeks from appointments to a served Award on typical residential schemes, depending on design complexity, access for inspections, surveyor availability and whether technical advice is needed. Notice periods (1–2 months) run in parallel where possible, but avoid cutting it fine—programmes often slip when notices, drawings or owner details are incomplete.
Who pays the costs?
As a rule, the Building Owner pays the reasonable costs of the party wall process where the works are solely for their benefit. That includes:
- Their own surveyor’s reasonable fees;
- The Adjoining Owner’s surveyor’s reasonable fees (if separately appointed);
- Reasonable costs of any technical advisers needed to make the Award.
Appeals and enforcement
Either owner can appeal an Award to the County Court within 14 days of service. This is a statutory appeal under s.10(17) and generally proceeds under CPR Part 52. Courts often treat it as a re‑hearing and may receive evidence afresh. Filing an appeal does not automatically pause the works—you must apply for a stay if you need one.
Awards are enforceable. If a party breaches an Award, the other may seek to enforce or recover sums due. If notifiable works start without notice, the neighbour can seek an injunction to stop the works until the Act is complied with.
Party Wall Award FAQs
Is a Party Wall Award the same as planning permission?
No. The Act is separate from planning and Building Regulations. You often need to comply with all three.
How much does a Party Wall Award cost?
They don’t have to be expensive! Our Fees are £325.00 + VAT. They’re the cheapest in the UK!
Can I start work once the Award is served?
Yes—provided any statutory notice period has expired or been waived in writing, and you comply with the Award’s conditions.
Can my neighbour stop my project?
They can dissent, which triggers safeguards and an Award, but they cannot block lawful works within the Act’s powers. They’re protected from unnecessary inconvenience and are compensated for loss/damage.
What if my neighbour ignores my notice?
For s.2/s.6, silence after 14 days is treated as a dissent. You then proceed via surveyors. For a wall astride the boundary (s.1(2)), silence means no consent—you must build wholly on your own land.
How do I appeal a Party Wall Award?
File a County Court appeal within 14 days of service, with clear legal grounds (jurisdiction, legal error, procedural unfairness). Consider applying for a stay if you need the works paused.
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