Are you gearing up for works that touch a party wall, or has your neighbour just served notice on you?
If you’ve heard terms like Party Wall Notice, Party Wall Award, Agreed Surveyor, or Two Surveyors, here’s the plain-English breakdown—anchored to Section 10(12) of the Party Wall etc. Act 1996.
Section 10(12) — What an Award May Determine
(a) the right to execute any work;
(b) the time and manner of executing any work; and
(c) any other matter arising out of or incidental to the dispute including the costs of making the award;
but any period appointed by the award for executing any work shall not—unless otherwise agreed—begin to run until after the statutory notice period has expired.
Below, we turn that into practical guidance—what an Award actually does for you, the limits of its reach, and how the moving parts fit together.
1) 12(a): “The Right to Execute Any Work”
An Award formally resolves the Act’s dispute (which arises when a neighbour dissents or doesn’t respond to a valid notice) and grants the building owner the legal right—under the Act—to proceed with the notifiable works described.
Key clarifications
- An Award is not planning permission, building control approval, a rights-of-light consent, or a boundary determination. Those regimes sit alongside the Act.
- Within the Party Wall framework, the Award is your lawful green light to carry out the specified notifiable works (e.g., cutting into a party wall for steels; excavations within 3/6m; building up to/astride the boundary where consented).
Typical inclusions
- Clear scope of works: which drawings and revisions are authorised.
- Access rights under Section 8 where applicable (e.g., to build a wall up to the line of junction), with limits and protections set elsewhere in the Award.
- Method constraints tied to risk (e.g., hand tools at the party wall; temporary weathering; fill/shoring of trenches within a time limit).
2) 12(b): “The Time and Manner” of Executing Works
This part lets surveyors control when and how the works proceed so risk to the adjoining property is minimised and nuisance is kept reasonable.
Time
- Works windows generally track local authority hours (often 08:00–18:00 Monday–Friday, 08:00–13:00 Saturday, no noisy works on Sundays/Bank Holidays), unless site-specific circumstances justify tighter limits.
- The Award’s start-clock can’t run until the statutory notice period has expired (usually 1 month for s.1 and s.6; 2 months for s.2), unless both owners agree otherwise.
Manner (protections)
- Provisions to reduce vibration/dust (e.g., hand tools on party elements; seal vents/chimneys on the shared wall before works).
- Temporary works & sequencing (e.g., backfill or shore trenches promptly; temporary weatherproofing during roof/loft phases).
- Access protocols (routes, fencing/hoarding, ground and façade protections, security, housekeeping).
- Communication triggers (pre-start confirmations; notifying programme milestones; contact details for site lead).
3) 12(c): “Any Other Matter… Including Costs”
Surveyors can decide matters arising from or incidental to the dispute—and, crucially, they can fix the reasonable costs of making/administering the Award and who pays.
Costs—how this usually works
- Building owner typically pays reasonable surveyors’ fees (their own, and the adjoining owner’s), because the works are for their benefit.
- “Reasonable” is the safeguard: fees must be proportionate to complexity and necessary to resolve the dispute.
- Additional determinations may include: procedures for addressing damage, variations that touch party matters, and disagreement escalation (e.g., referral to the Third Surveyor in a two-surveyor set-up).
4) What an Award Is Not
It helps to know the boundaries of the document:
- Not planning permission, building control sign-off, a rights-of-light release, or a boundary decision.
- Not a private “agreement” letter. A valid Party Wall Award can only be made by an Agreed Surveyor (single) or two Surveyors (with a Third Surveyor selected).
- Not retrospective. You cannot obtain a valid Party Wall Award after completing notifiable works.
5) Timings You Must Respect (and Why They Matter)
- Statutory notice period must elapse before Award timings start (unless both owners agree otherwise).
- After service, either party has 14 days to appeal the Award in the county court (based on error in the Award, not mere dislike).
- Awards should be served “forthwith” once signed to preserve fair appeal windows.
6) Practical Owner Checklists
If you’re the Building Owner
- Serve valid notices early (correct section, correct recipients, correct content).
- Provide a clean, final drawing pack; answer surveyor queries promptly to avoid cost/time escalation.
- Hand the Award to your contractor—make sure they understand and honour the protections.
If you’re the Adjoining Owner
- Read the Award: note protections, access windows, and what to do if damage or variation occurs.
- Use the Award’s built-in route (contact channels, dispute steps) before escalating.
- Unhappy? Obtain legal advice quickly; any appeal must be lodged within 14 days of service.
Get a Clear, Enforceable Award You Can Rely On
Simple Survey (RICS) — We draft lean, defensible Awards that control time, manner, access and protections, and we fix reasonable fees upfront.
Email team@simplesurvey.co.uk with your drawings and address for a swift, no-nonsense plan.
We’re nationwide, experienced, and RICS-qualified. Our fees are always fixed.
Simple Survey — Fixed Nationwide Cost Chart (Guide)
| Service | What’s Included | Fixed Fee (incl. VAT) |
|---|---|---|
| Party Wall Notice (per Adjoining Owner) | Validity review, drafting, compliant service & tracking | £25 |
| Agreed Surveyor Award | Single impartial surveyor for both owners | £300 |
| Building Owner’s Surveyor Award | Acting for BO in a two-surveyor appointment | £300 |
Our fees are always fixed. We’re nationwide. We’re experienced and RICS-qualified.
FAQ
Q1: Does an Award let me start immediately after it’s signed?
A: Only once the statutory notice period has expired (unless both owners agree otherwise) and subject to the time windows in the Award.
Q2: Can an Award override planning, building control or rights of light?
A: No. The Award only grants rights under the Party Wall Act. Other regimes must still be satisfied.
Q3: Who pays for the Award?
A: Usually the building owner, for reasonable fees. Surveyors can apportion costs differently where justified by the Act.
Q4: What if my contractor ignores the Award?
A: That risks breach, potential injunctions, and cost/liability escalation. Ensure the site team has the Award and complies.
Q5: I disagree with the Award—can I appeal?
A: Yes—within 14 days of service—but only on legal error, not preference. Get legal advice first; appeals carry cost risk.
Ready to turn “jargon” into a clear, enforceable plan?
Email: team@simplesurvey.co.uk — and get your Section 10(12) Award done right.