Do I Always Need A Party Wall Award?
No. Not always anyway. A party wall award isn’t needed for both parties to enjoy the rights and protections given under the Party Wall etc Act 1996. What is needed is for the building owner considering works to serve a valid party wall notice. It’s a common misconception that neighbours are only protected if there’s an award in play. But actually, the protections start as soon as a valid notice is served.
What Does A Party Wall Award Include?
Surveyors usually make a party wall award up of three key sections:
The award itself: This outlines how the works must be carried out.
Photographic schedule of condition: Documenting the condition of the neighbour’s property before work begins. This is supported by photographs and written descriptions.
Drawings: Detailing the proposed notifiable works covered by the Party Wall Act.
If there are any other relevant details, these may also be included.
What Does The Award Cover?
A party wall award is usually based on a standardised document. The specific details of the notifiable works are then added to make it unique to your project. So, while there isn’t a format these awards have to follow, you’ll usually see a few details included:
• The details of the two parties. This includes the addresses of the two properties, the names of their owners and their correspondence addresses
• The details of the surveyors who produced the award. This could be an agreed-uponsurveyor, or two separate surveyors alongside a third surveyor
• Details of the proposed notifiable works
• Working hours
• Whether working at weekends is acceptable
• Access arrangements
• Security arrangements
• Method statements
• Protection measures for any exposed party walls
• A time limit for the building owner to start the works
• Costs, who should pay them and when
How Are Party Wall Awards Enforced?
A party wall award can only be enforced if it’s deemed to be ‘valid’. A valid award creates a set of legal obligations between the parties involved. So, if one party breaches the terms of the award, they are legally liable for it. In simple terms, that means they can be taken to court for the breach. If you’re successful and the court sides with you, it would issue a court judgement that would be enforced in the normal way.
The award is for the benefit of the owners. So, if there is a breach of the award, it’s the owner’s right to take enforcement proceedings. That’s one of the reasons surveyors will always recommend that the owners who appoint them get legal advice if they want to enforce any part of an award.
One big aim of the Party Wall Act is to keep disputes out of the courts – and it works. We’ve often found that disputes can be resolved between neighbours, and that a solution can be found without needing any legal action at all.
What Happens If I Don’t Agree?
Once the party wall has been served on you, you do have the right to disagree with it. You’re given 14 days to appeal the award. You do this through the county court, and while you can do it alone, we do recommend you speak to a professional surveyor about your concerns! And there’s a really good reason for this.
Every year, thousands of party awards are made. Only a few hundred of those are appealed, and only a handful of those appeals make it to the final hearing. On top of that, there are a limited number of published cases on the issue, which makes it difficult to decide if it’s appropriate to appeal your award. We just don’t have a lot to compare it to.
If You Do Appeal The Award…
If you do appeal the award, you face the cost of litigation, as well as the risk. Appealing an award is classified as a ‘contentious litigation’, which means one party will ‘win’ and one will ‘lose’. It’s often the unsuccessful party that ends up paying most of the associated costs. This bill can run into the tens of thousands of pounds, and you might not end up getting the outcome you want.
Finally, appeals can also take a long time to get to the final hearing, often many months. Which means that your neighbour may have already completed the works by the time the appeal is heard. So this isn’t something you should take lightly! If you are really concerned about the contents of the award, you should seek legal advice before you do anything. Often, the party wall surveyors can clear up any misunderstandings or even resolve the issue without appealing the award. So your first step should always be to talk to your surveyor!
We know that party wall awards are a complex subject, and one blog post just isn’t enough to cover it all. So if you have any questions that we haven’t answered here, please do just get in touch with the team at Harrison Clarke today. Our team of surveyors are experts in party wall matters, and are more than happy to answer any questions you might have. Just give us a call on 023 8155 0051.
For more expert advice on surveying and property matters, check out our range of informative videos on our website or YouTube channel. Harrison Clarke Chartered Surveyors is here to guide you every step of the way!
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