What is a Party Wall Award? – James Scott Associates

Most people have only heard of a Party Wall Award if they have received a notice from their neighbour carrying out a renovation and it is often met with confusion and/or panic.

We’re here to help provide clarity around the Party Wall process and why it is important.

What is the Party Wall etc Act 1996?

The Party Wall etc Act 1996 is legislation that came into force in the UK in 1997 to provide a framework for preventing or resolving disputes in relation to party walls, party structures, boundary walls and excavations near neighbouring buildings.

Who does it affect?

The Building Owner – Building Owners who intend to carry out works, as described in the act, that affect the shared boundary, must issue a Party Wall Notice to adjoining owners to advise of the proposed plans.

The costs of a Party Wall Award are usually borne by the Building Owner, unless the Adjoining Owner requests additional work or benefits directly.

The Adjoining Owner(s) – This could be the owner of a property directly next to the works or within a 6 meter distance, if the works require excavation. Once they receive a Party Wall Notice the adjoining owner should respond within 14 days of receiving the notice.

They have three options:

Agree to the works
Dissent to the works and agree to have a joint surveyor
Dissent to the works and appoint their own surveyor

What does the Party Wall Act Cover?

Various work that is going to be carried out directly to an existing party wall or party structure
New building at or astride the boundary line between properties
Excavation within 3 or 6 metres of a neighbouring building(s) or structure(s), depending on the depth of the hole or proposed foundations

Work may fall within more than one of the above categories and involve different types of buildings and structures for example, houses, garages and office buildings.

Why is the Party Wall etc Act Important?

It protects both the Building Owner and Adjoining Owner(s).

The Building Owner by law must give the adjoining owner notice of their plans if the work affects a boundary, party wall or excavations that are adjacent to an adjoining neighbours building.

The Act aims to ensure the work is carried out appropriately, so no damage is caused to the property of the Adjoining Owner.

It is common practice under the act that a Schedule of Condition is usually prepared on the Adjoining Owner’s property to document the condition prior to any works taking place.

This protects the Building Owner from any false claims

It also protects the Adjoining Owner should the works cause damage, as a genuine claim can then be brought forward.

If works begin without a notice being given, an Adjoining Owner can seek to stop the work through a court injunction or seek other legal redress.

What role does a surveyor play?

The Building Owners surveyor can send the Party Wall Notice to the adjoining owner and potentially produce the proposed plans.

If the Adjoining Owner dissents to the work, the surveyor will inspect both properties and produce a Schedule of Condition.

If the Adjoining Owner has opted to appoint their own surveyor, the Building Owner’s surveyor will liaise with them to reach an agreement on changes in the way the works are to be carried out, in their timing and manner.

Once the Party Wall is agreed the surveyors will then issue the Party Wall Award to the Adjoining Owner(s) and the work can commence.

If you are planning a renovation or a change near to a boundary or party wall or you have received a Party Wall Notice, please feel free to get in touch.

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James Scott Associates are a friendly, innovative and experienced Chartered Surveying practice based on the Fylde Coast, who specialise in building design and project management. Regulated by the RICS.