When construction or renovation work is planned on or near a shared boundary, it’s essential to consider the impact on neighbouring properties. In the UK, this often requires a Party Wall Award, a legally binding document designed to protect both the property owner undertaking the work and their adjoining neighbours. The Party Wall Award is a key element of the Party Wall etc. Act 1996, which regulates certain types of work on shared or adjacent walls, boundaries, and structures.
In this blog, we’ll break down what a Party Wall Award is, when you need one, and what it typically includes to ensure that your project meets all legal requirements and preserves good relations with your neighbours.
What is a Party Wall Award?
A Party Wall Award is a formal document prepared by a Party Wall Surveyor or surveyors in cases where building work may affect a shared boundary, such as walls, fences, or floors in terraced or semi-detached properties. This award acts as an agreement between the parties, covering the scope of the planned work and setting terms to protect both property owners’ interests. It’s legally binding and provides a framework for resolving any potential disputes that might arise during construction.
When Is a Party Wall Award Necessary?
A Party Wall Award is required if your project involves:
Excavating near a shared boundary: Digging within a specified distance of your neighbour’s property, usually up to six metres, or to a depth that could affect the foundations of an adjoining property.
Working on an existing party wall or structure: This includes repairs, alterations, or additions to a shared wall, such as making structural changes or installing damp-proof courses.
Constructing a new wall on a boundary: If you plan to build a new wall or structure along or close to the boundary, a Party Wall Award may be necessary.
In these cases, you must first serve a Party Wall Notice to inform the adjoining owner of your plans. If they consent, no award is needed. However, if they dissent or fail to respond, a Party Wall Award must be drawn up.
Key Components of a Party Wall Award
A Party Wall Award includes detailed information to clarify the rights and responsibilities of both parties. Common components of the award are:
- Details of the Work: A clear description of the work to be undertaken, including specifications, timelines, and any requirements for special construction techniques to minimise the impact on the adjoining property.
- Surveyor Appointments: The award lists the appointed surveyors and outlines their authority to make decisions and oversee the project. In cases of disputes, the surveyor(s) can determine solutions to avoid escalating the issue.
- Access Rights: Defined access arrangements allow the property owner and their contractors to enter the neighbour’s property, if necessary, to complete the work safely and effectively.
- Condition Survey: A Schedule of Condition (a report documenting the current condition of the adjoining property) is often included to prevent disputes over pre-existing or potential damage. This report provides a baseline, so any future claims of damage can be accurately assessed.
- Protection of Property: Details on precautions to safeguard the adjoining property during construction, including measures for dust control, vibration limits, and noise reduction.
- Dispute Resolution: The award provides a mechanism for resolving disputes that arise during the work. This can include procedures for appointing a third surveyor if necessary.
Compensation and Repair Clauses: If damage occurs, the award outlines the terms for making good or compensating the affected party, which might involve repair work or financial compensation.
Benefits of a Party Wall Award
A Party Wall Award is more than a legal requirement—it’s a practical tool that helps ensure a smoother construction process. Benefits include:
Legal Protection: The award is a binding agreement that protects both parties’ legal rights, reducing the risk of disputes during and after construction.
Clear Communication: The award outlines the terms and conditions of the project in clear terms, promoting transparency and understanding.
Minimised Disruption: By addressing access and other practical concerns upfront, the award helps minimise disruption to the neighbouring property.
Dispute Resolution Framework: The award provides a ready-made system for resolving disagreements without going to court, saving time and legal costs.
How is a Party Wall Award Prepared?
Once a Party Wall Notice has been served and the adjoining owner dissents (or does not respond), a surveyor or surveyors are appointed to prepare the award. This can either be an agreed surveyor (one surveyor for both parties) or a separate surveyor for each property owner. The surveyors conduct an inspection, document any issues, and draft the Party Wall Award, which is then signed by all parties to become legally enforceable.
Conclusion
A Party Wall Award is a crucial document for any construction work that might affect a shared boundary. It provides clarity, legal protection, and a framework for addressing issues, ensuring that both the building owner and adjoining owner have their rights safeguarded. If you’re planning a project that could impact a shared wall or boundary, it’s essential to consult a Party Wall Surveyor to guide you through the process and ensure compliance with the Party Wall etc. Act 1996.
For assistance with Party Wall Notices and Awards, contact Icon Surveyors. Our experienced team can help you navigate each step of the party wall process, protecting your interests and maintaining neighbourly relations throughout your project.
