When Party Wall notices are served, adjoining owners have three options: consent to the works, dissent and appoint their own surveyor (or agree on a third surveyor), or do nothing. If they take no action, this is considered a deemed dissent, and a surveyor will be appointed for them. A dissent triggers a dispute under the Party Wall etc. Act 1996, which means a Party Wall Award must be agreed before any notifiable works can begin.
What is a Party Wall Award?
A Party Wall Award outlines how and when the proposed works will be carried out. It protects the adjoining owner while allowing the building owner to proceed with the project. Works cannot start until the notice period has passed, unless the adjoining owner agrees to waive this period.
During the Award process, surveyors may ask for further details such as contractor method statements, drawings, or access arrangements to ensure the neighbouring property is considered.
What Does a Party Wall Award Include?
- Names of the parties involved and the surveyors appointed
- Detailed description of the proposed works and how they will be carried out
- Rights and responsibilities of both building and adjoining owners
- Relevant drawings, engineering calculations, and method statements
Consent vs Dispute
If the adjoining owner consents, no Party Wall Award is required since there’s no dispute. However, disputes may arise later—such as claims for property damage—at which point surveyors can be appointed to resolve the issue and issue an Award for damages if needed.
Building owners are advised to have a schedule of condition prepared before work starts to protect against unfounded damage claims.
Minor Works and Compliance
Not all works need a Party Wall Notice. Minor tasks like hanging pictures or replastering usually don’t. If a building owner fails to follow the Award’s terms, the adjoining owner should notify their surveyor to address the breach. Persistent non-compliance could require legal enforcement or injunctions.
Starting work without an Award risks delays, legal action, and liability for damage. Compliance with the Act ensures smoother projects and legal protection.