What is a Party Wall Award?
The Party Wall Award London document stands as a legally enforceable agreement between Building Owners and Adjoining Owners as determined by the inspector(s). The Two Surveyors or Agreed Surveyor sets out how the building work will proceed under the provisions of the Act.
The Award contains essential information about the planned work execution including operating days/times and protective measures against the risks and inconvenience posed by the works together with methods for compensation and repairs against any damage occurring.
Under the Party Wall etc. Act 1996 of England and Wales there exists an official framework to direct the legal process when parties experience disputes. A Party Wall Agreement London document needs to be created under law after a Party Wall Notice receives a dissenting response. Surveyors are appointed to find solutions for conflicts which arise from the Act.
A London Party Wall Award stands separate from planning permission and building regulations approval but could be necessary for any building project depending on the works involved.
What is included in a Party Wall Award?
A Party Wall Award may include the following:
- details of proposed works and drawings
- when the project will be carried out
- method statements on how works will be conducted
- preventative measures to minimise the risk of damage
- access provisions for surveyors to inspect works
- payment of inspectors’ fees (often paid by the Building Owner)
- security for expenses (an amount paid into escrow and reserved for making good incomplete projects to safeguard the neighbouring property)
- monitoring measures to detect if any movement occurs (i.e. subsidence)
- other specialist studies carried out (e.g. seismic tests, ground water tests, etc.)
How does a Party Wall Award Protect my Property?
Through the Party Wall Award, the Building Owner gains legal responsibility to repair damage to the Adjoining Owner’s property if such damage results directly from Party Wall works.
The assigned inspectors will examine any damage to determine its reason for occurrence. These surveyors must decide whether to fix the inflicted damage by making good alterations according to what the London Party Wall Award designated as directly caused by the works or provide the Adjoining Owner with compensation.
Essentially, a Party Wall Award London document acts as a safeguard against damage occurring and resolves disputes.
How do I dispute a Party Wall Award London document?
When a London Party Wall Award is served, either party has the right to appeal against it in a County Court within 14 days.
Be careful of having costs awarded against you if unsuccessful. You should therefore seek legal advice before doing so. It is also worth noting that the Act specifically states that the award is conclusive and no court may question it unless it is invalid.
Can my Neighbour Start Works without a Party Wall Award?
Failing to follow procedure whilst carrying out building works which the Party Wall Act designates as ‘notifiable works’ constitutes a breach of legal requirements.
A Party Wall Injunction becomes accessible if you need it to halt neighbourly construction activities that lack an agreement or Award when such projects start unlawfully.
Having proper legal guidance by a commercial or residential Party Wall Surveyor London expert is essential before proceeding with injunctions.
What happens if the Surveyors disagree?
The Act requires allows for instructing a Third Surveyor if the appointed inspectors reach an impasse during their work.
In case two appointed inspectors can not reach agreement, either of them can call on the Third Surveyor, whom they select from the start, to settle the dispute.
The use of a Third Surveyor must be approached with caution because it will typically lead to financial expenses which can be awarded against any owner if their position is not determined favourably.
Can my Neighbour Reject a Party Wall Agreement London document?
Under the regulations, a Party Wall Agreement London document stands as the legal requirement which your neighbour can not decline following receipt of notification.
The London Party Wall Notice needs an acknowledgment from your neighbour through their acceptance or rejection of the planned property works, otherwise an inspector is appointed for them anyway. That inspector will make an award accordingly.
Do I Need to Appoint a Surveyor if there is a Party Wall Dispute?
The Party Wall Dispute Resolution London process legally requires appointment of either an Agreed Surveyor or Two Surveyors to establish procedural steps under the Act. Inspectors must decide the correct wording of the Party Wall Agreement London document to outline the structure of planned building operations.
When Can I Start Party Wall Works?
The Party Wall Agreement London Award becomes effective for commencing work after its service on building owners and adjoining owners but this also depends on the expiration of relevant notice periods.
Can Building Works be Delayed by My Neighbour in Party Wall?
A Party Wall Notice will automatically become dissented to if your neighbour fails to provide either acknowledgment of consent or rejection of the proposed work. A negative response to the Notice under the Act creates a dispute, which will take time to resolve. However, the work progress can not be halted by the neighbouring homeowner unless they obtain an injunction.
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FAQs on Party Wall Awards
What is Party Wall Surveying?
The Party Wall legislation presents organisational difficulties that make it challenging for a few individuals to handle.
We help clients conduct their Party Wall matters whenever they perform building works or when such works affect them.
We offer initial no-cost advice to everyone irrespective of appointment status.
The appointment of a commercial or residential Party Wall Surveyor London professional happens when the adjoining owner either disagrees with the proposed work or fails to respond to a valid Notice within 14 days after its delivery.
The term “Surveyor” (or “inspector”) refers to an individual who is impartial to the property interests and is appointed under section 10 to resolve disputes under the Party Wall Act 1996.
Surveyors need to follow the Act requirements to enable building operations and prevent unreasonable burdens created on residents.
They ordinarily produce a Schedule of Condition to prove any change of state if damage were to occur to neighbouring properties.
Then, they make and serve a Party Wall Award to settle the dispute.
What duties does a London Party Wall Surveyor have?
Party Wall Surveyors London professionals mirror Arbitrators when executing their functions through producing Awards to address disagreements about Notices that neighbours of a demised property have disputed.
You can trust our panel of party wall specialists in London to provide unbiased services during their statutory appointee roles along with the most beneficial guidance. There is honest fee disclosure together with providing ethical advice that delivers highest value to your interests.
A London party wall surveyor’s official duties apply solely to provisions under the Act.
- design checks and the implications of plans on owners (note: party wall surveyors are technically not “designers” and do not have responsibility for design);
- drafting and validating party wall notices;
- liaising with other owners and their respective inspectors;
- conducting a Schedule of Condition report (usually carried out by the Building Owner’s Surveyor);
- Party Wall Award London draft and service, which is a legal document determining the time and manner of the notifiable works;
- further Party Wall Dispute Resolution London process which may arise during or after the building works;
- raising concerns where damage has occurred or is at risk of occurring;
- post-works sign-off by checking the works are complete and no damage has been sustained
What does a Party Wall Award cover?
These legal agreements establish both the procedures for conducting work activities together with addressing all secondary matters involving costs/fees.
An award outlines specific rules regarding work performance timing and procedures to control nuisance such as noise and waste.
The Party Wall Award London document may also specify additional work required, particularly what is needed to protect neighbours against potential damage, as some of its provisions.
A Schedule of Condition London report may also be included, which documents the state of the adjoining property before construction starts. This enables proper assessment of damages to nearby land and buildings post-works.
A Party Wall Award also references access, such as for the inspector(s) to investigate works during their execution according to their needs (for documenting work compliance with the award terms).
The award is served on all parties and settles the dispute, although owners have 14 days to appeal to the County Court if they believe it is invalid.
