If you’re planning an extension, renovation, or new build on or near a shared property boundary, you may encounter the term Party Wall Award’. It is important because it ensures that all parties (on both sides of the boundary) understand their rights and responsibilities, and this will reduce the likelihood of disputes during or after the construction work.
What Is a Party Wall?
A party wall is a wall shared by two adjoining properties. It can form part of a building, such as the dividing wall between terraced houses, or it can be a garden wall that separates two properties. Additionally, floors or ceilings between flats may qualify as party structures under The Part Wall Act.
The Party Wall etc. Act 1996
The Party Wall etc. Act 1996 was introduced to provide a clear framework for resolving disputes that can arise when building work affects a shared wall. It applies to England and Wales and is designed to protect both the property owners by ensuring that work proceeds fairly and safely.
The Act requires a property owner intending to carry out certain types of work to serve notice on their neighbours (called as ‘adjoining owners’). If the adjoining owner consents to the work being completed, no further action may be necessary. However, if they are not happy with the planned works or fail to respond, a Party Wall Award will be required.
What Is a Party Wall Award?
A Party Wall Award is a legally binding document agreed upon by two surveyors (or a single agreed surveyor) appointed under the Act. The award sets out the rights and responsibilities of both the building owner (the person carrying out the work) and the adjoining owner, the neighbour. The award typically includes:
- Details of the Work: A clear description of the proposed work, including plans and specifications
- Surveyor Appointments: Information about the surveyors involved and their decisions.
- Access Rights: Provisions for access to the adjoining owner’s property if necessary for the work
- Schedules of Condition: A record of the condition of the adjoining property before the work starts, if any disputes arise about damage, then this is clear evidence.
- Agreed Protections: Measures to safeguard the adjoining property during construction
- Resolution Procedures: Way to handle disputes or breaches of the award.
How to get a Party Wall Award?
- Serving a Notice: The building owner needs to serve a party wall notice on the adjoining owner at least 4-8 weeks before the planned start date.
- Surveyor Appointment: If the adjoining owner dissents or does not respond within 14 days, both parties must appoint surveyors (or agree on a single surveyor).
- Drafting the Award: The surveyors inspect the properties, review the proposed works, and draft the award to address any concerns.
- Finalising the Award: Once agreed, the award is served on both parties, and the work can commence in accordance with its terms.
What Happens If You Don’t Comply?
Failure of either party to comply with the Party Wall Award can result in legal disputes, fines, or injunctions to stop the work. Additionally, it may leave that party liable for damages or remediation costs.
Don’t think you need one?
It doesn’t matter how well you get on with your neighbours, you need to ensure you follow all the procedures set out in the Party Wall Act 1996, so that you are both protected from any misunderstandings that can lead to arguments, delays, frustration and even expensive legal proceedings.
A Party Wall Award is a vital part of construction planning for works that will affect shared property boundaries, where there is concern. By following the Party Wall Act and getting a Party Wall Award if needed, you can ensure your project will proceed as smoothly as possible while maintaining good relationships with your neighbours.
It is never too early to consult with a structural engineer if you’re considering an extension, alteration or a new build. We can come and have a look at the feasibility of your ideas before you instruct an architect, and if we think you will have party wall issues then we can recommend a surveyor to help you with the process.
