Party Wall Awards

What is a Party Wall Award, and do I need one?

Adjoining owners have the right to consent or dissent to a Party Wall notice. If an owner chooses to dissent to a notice, a ‘dispute’ has arisen, at which point surveyors are required to resolve it in the form of a legal document known as a Party Wall Award. The Award will be completed by the appointed surveyors (known as the Building Owner’s Surveyor and the Adjoining Owner’s Surveyor, or in the event of both owners agreeing to the appointment of one surveyor (known as the Agreed Surveyor) who would then act for both sides.

An adjoining owner has the right to choose their preference but should be aware that a dissent typically results in a higher cost to the building owner proposing the works, who is usually responsible for paying for both surveyors’ fees.

An Agreed Surveyor or the two Surveyors will ensure Party Wall Awards are impartial and accurate by following these key principles and processes:

• Thorough Assessment: Surveyors carefully review all relevant documents, including the proposed plans, existing conditions of the adjoining properties (through a Schedule of Condition), and any potential impact of the work on the adjoining property.
• Impartial Decision-Making: Surveyors base their decisions solely on the legal requirements of the Party Wall Act, the technical aspects of the proposed work, and any relevant evidence. They avoid personal bias or any external influences that could affect their impartiality.
• Detailed Documentation: A Party Wall Award includes clear, precise, and well-documented details of the work to be carried out, the responsibilities of each party, and any agreed protections for the adjoining property. The award also specifies any conditions for the work, such as safety measures, access requirements, or specific timescales.
• Consideration of Both Parties: Surveyors ensure that the interests of both the building owner and the adjoining owner are protected. This includes ensuring unreasonable inconvenience is kept to a minimum, protecting shared structures, and outlining measures or remedies in the event of damage being caused.
• Adherence to Legal Framework: Party Wall surveyors follow the specific requirements of the Party Wall etc. Act 1996, by applying the measures of the Act impartially.

By adhering to these principles, Party Wall surveyors ensure that their Awards are both impartial and accurate, providing a fair resolution that complies with the law and protects the interests of both parties.