Overview
A party wall award is a formal document made by surveyors under the Party Wall etc. Act 1996. It resolves a dispute that has arisen after a party wall notice has been served.
Although people sometimes call it a party wall agreement, the statutory document is an award.
When is an award needed?
An award is needed when an adjoining owner dissents to a notice or does not respond within the required time. The usual responses to a notice are:
- consent;
- dissent and agree to one agreed surveyor;
- dissent and appoint a separate surveyor.
If there is dissent, the surveyor or surveyors make an award to regulate the notifiable work.
What does the award cover?
A good award should be clear, practical and limited to matters under the Act. It usually includes:
- the names and addresses of the owners;
- the appointed surveyor or surveyors;
- a summary of the notifiable works;
- the relevant drawings and method information;
- access arrangements where needed;
- working hours for the notifiable works;
- protection measures for the adjoining owner's property;
- what happens if damage is caused;
- who pays the surveyors' reasonable fees;
- the right of appeal to the county court within 14 days.
The schedule of condition
Most awards are accompanied by a schedule of condition. This records the condition of the adjoining owner's property before work starts. It normally includes photographs and written descriptions.
The schedule is important because it provides a baseline. If damage is alleged later, the surveyors can compare the pre-work condition with the post-work condition.
What an award should not do
An award should not try to control every part of the building project. It should only regulate work that falls within the Act. For example, if the only notifiable work is excavation for foundations, the award should not pretend to control the entire extension.
Conclusion
A party wall award allows notifiable work to proceed while protecting the adjoining owner and setting out clear rules for both sides. When drafted properly, it reduces uncertainty, controls risk and helps prevent disputes during construction.