Party wall awards
A party wall award, often called a party wall agreement, is the legally binding document that settles a dispute under the Party Wall etc. Act 1996. It sets out exactly how your building work will go ahead and how the neighbouring property will be protected. Awards start from £995 per project.
When is an award needed?
You need an award when a dispute arises under the Act. That happens if your neighbour:
- dissents to your party wall notice, or
- doesn't respond within 14 days of the notice being served, which the law treats as a dissent.
Dissenting isn't necessarily hostile. Many neighbours dissent simply so that an award is in place to protect both sides. That's sensible, and it often makes the project run more smoothly.
What does a party wall award include?
- A description of the work to be carried out, with drawings
- The time and manner of the work, including working hours and methods
- Each owner's rights and responsibilities
- Protective measures for the adjoining property
- Access arrangements, including rights of entry onto the neighbouring property where needed
- How any damage will be dealt with and compensated
- Security for expenses, where appropriate
- A schedule of condition of the adjoining property, usually annexed
- Who pays the surveyors' fees, which is normally the building owner
An award usually also sets a timeframe within which the work must be completed. Every party involved must follow the award, and failing to comply with it can have legal consequences.
One surveyor or two?
The owners can agree to appoint a single agreed surveyor who acts impartially for both of them. This is usually the quickest and most cost-effective route. Alternatively, each owner can appoint their own surveyor, and those two surveyors select a third surveyor who is only called on if they can't agree.
Whichever route is taken, a party wall surveyor's duty is to the Act, not to whoever appointed them. The award must be fair to both owners.
Can an award be appealed?
Yes. Either owner can appeal to the County Court within 14 days of the award being served. Appeals are uncommon when an award has been properly prepared.
Award questions
Is a party wall award the same as a party wall agreement?
Yes. "Party wall agreement" is the everyday term. The Act calls the document an "award", and it's made by the appointed surveyor or surveyors.
How long does a party wall award take?
It depends on the complexity of the works and how many surveyors are involved. With an agreed surveyor and complete drawings, an award can often be finalised within the notice period. Starting early is the best way to avoid delaying your build.
Who pays for the award?
The building owner normally pays the reasonable costs of preparing the award, including the fees of the adjoining owner's surveyor.
Not sure if the Act applies to your project?
Tell us what you're planning. We'll tell you, free of charge, whether you need to serve notice and what happens next.