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The Basics

Not an agreement in the casual sense

A party wall award - sometimes referred to as a party wall agreement - is a formal legal document made by surveyors appointed under the Party Wall etc. Act 1996. It is not a handshake agreement between neighbours. It is a legally binding instrument that sets out exactly what works can be carried out, how they must be done, and what rights and protections each party has throughout.

An award determines matters in dispute under section 10 of the Act. Whether one is needed depends on the works, notice type and response. New-wall notices under section 1 have different consequences from party structure and excavation notices. We explain the applicable route before work starts.

Contents

What a party wall award covers

A full description of the proposed works
The rights and responsibilities of each party
The method and sequence of working
Access rights for surveyors and contractors
Permitted working hours
Provisions for making good any damage caused
Protection measures for the neighbouring property
Surveyor fees (who pays and how much)
The Process

How an award is prepared

1

Surveyors are appointed

Both parties appoint their surveyors - either a single agreed surveyor acting for both, or a surveyor each. The surveyors are responsible for preparing a fair and lawful award, not for advancing either party's interests beyond what the Act allows.

2

Inspection and plan review

The surveyor or surveyors inspect both properties and review the architect's plans. This allows the award to be tailored to the specific works and properties involved, rather than being a generic document.

3

Schedule of condition

A schedule of condition is prepared for the adjoining owner's property before works begin. This is a photographic and written record of the current condition of the property, which protects both parties if a damage claim arises later.

4

Award drafted, agreed, and served

The award document is drafted by the surveyor or surveyors, agreed, signed, and served on both parties. Before starting the relevant works, check that the statutory notice period has expired or an earlier start has been agreed, and comply with the award and other required permissions. Both parties receive a copy.

Timeline

How long does it take?

Typically 6 to 8 weeks from serving the notice to the award being served. This depends on the complexity of the works, the number of properties affected, and how quickly all parties respond to communications. We aim to keep the process moving without unnecessary delay.

Appeals

Can a party wall award be appealed?

Either party has 14 days from the date the award is served to appeal to a county court. An appeal can be made on the merits of the award as well as on procedural grounds. Before starting the relevant works, check that the statutory notice period has expired or an earlier start has been agreed, and comply with the award and other required permissions. Seek prompt legal advice if you are considering an appeal or need to restrain works.

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