When carrying out work that affects a shared wall, boundary, or structure, the Party Wall etc. Act 1996 provides a legal framework to manage potential disputes between neighbours. Central to this framework is the Party Wall Award, a legally binding document prepared by surveyors to regulate how works affecting a party wall should be carried out.
This article explains what a Party Wall Award is, its purpose, how it is created, and why it is important for both building owners and adjoining owners.
1. Definition of a Party Wall Award
A Party Wall Award is a formal document issued under the Party Wall Act. It sets out the rights and responsibilities of both parties—the building owner carrying out the work and the adjoining owner affected by it. The Award typically includes:
- A description of the planned works.
- How the work should be carried out safely.
- Any necessary measures to protect the adjoining property.
- Timelines for completion.
- Access arrangements for surveyors and builders.
- Any agreed conditions or costs associated with the work.
Once issued, a Party Wall Award is legally binding on both parties. Failure to comply can result in legal action.
2. When a Party Wall Award Is Required
A Party Wall Award is needed when proposed works fall under the Party Wall etc. Act 1996, such as:
- Cutting into or making alterations to a party wall.
- Building a new wall on a boundary line.
- Excavating near a neighbour’s property that could affect its foundations.
If a neighbour dissents to the proposed work—or does not respond within the 14-day notice period—a Party Wall Award becomes necessary to resolve the dispute and allow the project to proceed legally.
3. How a Party Wall Award Is Created
The process of creating a Party Wall Award typically involves the following steps:
- Serving a Party Wall Notice: The building owner notifies the adjoining owner of the proposed work.
- Response from the Adjoining Owner: The neighbour may consent, consent with conditions, or dissent.
- Appointment of Surveyors: Each party may appoint a surveyor, or agree on a single agreed surveyor.
- Surveyor Negotiation and Assessment: Surveyors inspect the property, review the proposed work, and negotiate terms.
- Drafting the Award: The surveyor(s) produce the Party Wall Award, detailing how the work should proceed and any safeguards.
- Issuing the Award: Once agreed, the Award is served to both parties and becomes legally binding.
In cases where the two surveyors cannot agree on a point, a third surveyor may be appointed to make a final decision.
4. Key Components of a Party Wall Award
A comprehensive Party Wall Award generally includes:
- Details of the building owner and adjoining owner.
- Description of works and methods.
- Access rights for construction and inspections.
- Protection measures for the neighbour’s property.
- Timelines for commencement and completion.
- Cost allocation if damage or repairs are necessary.
By including these elements, the Award ensures clarity, fairness, and legal compliance.
5. Importance of a Party Wall Award
A Party Wall Award serves several critical purposes:
- Legal protection: Confirms that the work complies with the Party Wall Act.
- Risk management: Protects both properties from potential damage during construction.
- Dispute resolution: Provides a formal process for resolving disagreements between neighbours.
- Clarity: Establishes clear rules and responsibilities, reducing misunderstandings.
Without a Party Wall Award, a building owner risks legal challenges, delays, or injunctions from an adjoining owner.
6. Conclusion
A Party Wall Award is a cornerstone of the Party Wall etc. Act 1996, providing a legally binding framework for carrying out works that affect shared walls or boundaries. It protects the rights of both building owners and adjoining owners, ensures compliance with the law, and helps prevent disputes from escalating.
Whether you are planning construction work or are a neighbour potentially affected by it, understanding the role and importance of a Party Wall Award is essential for a smooth and legally compliant building project.