Understanding Party Wall Awards
A party wall notice is a crucial step in the party wall process. If you’re planning construction work that affects a party wall or boundary, excavating within 3-6 metres of and deeper than your neighbour’s foundations, or if you’ve received a notice from a neighbour, understanding the process is essential. This notice serves as a formal communication about work that could impact shared structures or adjacent properties, ensuring all parties are informed and protected.
What is a Party Wall Award?
A Party Wall Award, often simply referred to as an ‘Award’, is a legal document that forms a crucial part of the party wall process. It’s the final piece of documentation that sets out the agreement reached by surveyors on matters that were in dispute under the Party Wall Act.
When is a Party Wall Award Needed?
An Award becomes necessary when:
1. An adjoining owner dissents to a party wall notice.
2. An adjoining owner doesn’t respond to a notice within 14 days.
Who Creates The Party Wall Award?
The Award is prepared by party wall surveyors. These can be:
1. A single ‘agreed surveyor’ appointed by both parties.
2. Two surveyors, one appointed by each owner.
2. Two surveyors plus a third surveyor selected by the first two.
Contents of a Party Wall Award
A typical Party Wall Award includes:
1. Details of the work to be carried out.
2. Method and timing of the construction work.
3. Measures to protect the adjoining property.
4. A record of the adjoining property’s condition before work begins. Learn more about a Schedule of Condition.
5. Surveyor access rights for inspections during the work.
6. Allocation of costs for the work and the award process.
The Significance of the Award
The Party Wall Award is legally binding. It provides:
1. Protection for both the building owner and adjoining owner.
2. Clear guidelines for how the work should proceed.
3. A framework for resolving any disputes that may arise during the work.
After the Award is Served
Once the Award is issued:
1. Both the building owner and the adjoining owner have 14 days to appeal if they disagree with its contents.
2. Appeals must be made to the County Court.
3. If no appeal is made within 14 days, the Award becomes final and conclusive.
Costs Associated with the Award
Typically, the building owner pays all costs related to the Award, including:
1.Surveyor fees for both parties.
2. Costs for creating and serving the Award.
However, costs can be apportioned differently in certain circumstances.
