If you’re planning extension works in London that affect a shared wall, boundary, or include new foundations near a neighbour’s building, you may need a Party Wall Award under the Party Wall etc. Act 1996. But what exactly is it, who pays for it, and how long does it last?
At Pellego Surveyors, we help homeowners and developers across London navigate the Party Wall process. In this guide, we answer the most common questions people have about Party Wall Awards.
- What is a Party Wall Award?
A Party Wall Award – often referred to as a “Party Wall Agreement” is a legally binding document prepared by one or more party wall surveyors. It sets out the rights and responsibilities of the property owners when works fall under the remit of the Party Wall etc. Act 1996. It covers the nature of the works, how they will be carried out, access arrangements, and what happens in the event of damage occurring.
- When is a Party Wall Award required?
An Award is required when a valid Party Wall Notice has been served, and the Adjoining Owner has responded with a formal dissent. This triggers the appointment of surveyor(s) to resolve matters in line with the Act by serving an Award.
- How does a Party Wall Award work?
Once a surveyor/surveyors are appointed, they inspect the Adjoining Owner’s property to record its condition prior to the works commencing and to assess the site, agreeing on clauses and protective measures that will ensure the likelihood of damage and the level of disruption are kept to a minimum. Thereafter, the surveyor(s) prepare the “Award”, which is the legal document that allows the works to proceed lawfully. It’s essentially a set of agreed rules for how the works will be done and clauses that the ‘Building Owner’ executing the work must adhere to.
- How long does a Party Wall Award take?
The timescale varies depending on a number of factors, including the complexity of the works, the timing of the Adjoining Owner’s responses, and the level of efficiency and cooperation between owners and surveyors. In straightforward cases, the Award can be prepared within one to four weeks from appointment. More complex projects can take longer.
- How long is a Party Wall Award valid for?
A Party Wall Award does not have a fixed expiry date and it effectively binds both parties into perpetuity. However, a claim of damage or loss must be based on its individual merits and appropriately and fairly asessesd and investigated by the appointed surveyor(s).
- Who pays for a Party Wall Award?
In most situations, the building owner carrying out the works pays all reasonable costs, including their own surveyor’s fees and, if applicable, the adjoining owner’s surveyor’s fees. Costs are only shared if both parties benefit from the works, such as in cases where works are proposed to remedy a defective party wall which both parties are equally benefiting from – a good example of this is where both parties share a garden boundary wall which is unstable and presents a potential health and safety risk. If the boundary wall has failed to this degree and requires remedial works/replacement, the costs can be deferred between the two property owners, given that they both make equal use of the wall as a physical boundary.
- Can a Party Wall Award be amended?
Yes, surveyors can issue an addendum Award if the works or circumstances change. Amendments must be done formally in writing to remain valid under the Act.
- What should a Party Wall Award include?
A properly drafted Award should describe the works in detail, set out how and when they will be carried out, list any protective measures, confirm access rights, include a Schedule of Condition, and explain the process for resolving damage claims.
- What makes a Party Wall Award invalid?
An Award can be challenged if the Party Wall Notice was defective, if the works do not fall within the Act, if statutory procedures were not followed, or if there was bias or conflict of interest from a surveyor.
- How can a Party Wall Award be challenged?
Either party can appeal to the County Court within 14 days of the Award being served. Appeals are based on points of law rather than general disagreement with the surveyors’ determination.
- Is a Party Wall Award legally binding?
Yes, once served, a Party Wall Award is legally enforceable. If either party breaches its terms, the other can take action through the courts. However, the first port of call would be to seek redress via the appointed surveyor(s).
- Does a Party Wall Award transfer to a new owner?
This point is not clearly determined in the Act, and thus, it is somewhat open to the interpretation of the surveyors administering procedures. The general consensus among practitioners is that an Award would automatically transfer to a new owner of an Adjoining Owner’s property as if they were the originally ‘Adjoining Owner’ . However, the general view is that this is not the case for a new owner of the Building Owner’s property. Accordingly, it would expected that a new notice must be served by any new owner wishing to undertake ‘notifiable works’ under the Party Wall etc. Act 1996.
- What is the difference between a Party Wall Award and a Party Wall Agreement?
A Party Wall “Award” is the correct legal term for the document served by the appointed surveyor(s), determining matters concerning notifiable works under the Party Wall etc. Act 1996. A Party Wall “Agreement” is simply another term commonly used to describe what is formally referred to as an “Award”.
- What areas will be surveyed?
The survey that is conducted by the appointed surveyor(s) will typically be limited to the areas of the Adjoining Owner’s property that could be affected by the notifiable works. In the case of a loft extension to a two-storey terraced house, this would usually necessitate a survey of the front and rear elevations externally and the internal areas at first floor and loft/second floor level.
At Pellego Chartered Surveyors, we also carry out drone surveys of roof areas so that the condition of roof coverings, chimneys, stacks and gutters can be appropriately recorded for both parties.
- Do I always need a Party Wall Award?
No. If your neighbour consents to the notice in writing, you can proceed without an Award. However, many owners still choose to have a Schedule of Condition prepared to protect their interests and reduce the likelihood of future disputes relating to damage.
If you are planning an extension and want clear, professional guidance on whether you need a Party Wall Award, call us on 020 7183 2578 or request a free quote today.
Pellego Chartered Surveyors offer residential surveying services across London and Surrey, and we regularly operate in the following areas:
Balham | Battersea | Chelsea | Clapham | Fulham | Hammersmith | Kingston | Kensington | Kew| Putney | Richmond | Southfields | Streatham | Tooting | Wandsworth | Wimbledon
