What is a Party Wall Award?
A Party Wall Award — sometimes called a party wall agreement, though this is technically imprecise — is a formal written document produced under the authority of the Party Wall etc. Act 1996. It is produced by one or more party wall surveyors appointed under the Act and sets out the terms on which the proposed building works may proceed.
The Award is a legally binding document. Both the building owner and the adjoining owner are bound by its terms. Failure to comply with the terms of an Award can result in an application to court for enforcement.
When is a Party Wall Award required?
A Party Wall Award is required whenever a dispute arises under the Act. A dispute is deemed to have arisen in two circumstances:
- The adjoining owner dissents to the party wall notice — that is, they respond within 14 days indicating they do not consent to the works
- The adjoining owner fails to respond to the notice within 14 days, and subsequently fails to respond to a further ten-day notice — silence is treated as dissent under the Act
Where the adjoining owner consents in writing within 14 days, no Award is required and no surveyor needs to be appointed. The majority of party wall matters — research suggests around 45 to 55 per cent of all notices served — are resolved by consent, meaning no Award is needed.
Who produces a Party Wall Award?
Once a dispute has arisen, the Act requires both parties to appoint party wall surveyors. There are two routes:
Agreed Surveyor
Both parties agree to appoint a single surveyor, known as the Agreed Surveyor, who acts impartially for both the building owner and the adjoining owner. This is typically the more cost-effective route and is often faster than the two-surveyor process. Both parties must consent to the appointment — the Agreed Surveyor cannot be imposed.
Two surveyors
Each party appoints their own surveyor. The two surveyors then work together to produce the Award. If they cannot agree on all matters, a Third Surveyor — selected by the two appointed surveyors at the outset, in accordance with the Act — can be called upon to determine the point in dispute. The building owner typically pays both surveyors' reasonable fees.
What does a Party Wall Award contain?
The precise content of an Award varies depending on the works involved and the circumstances of the case, but a standard residential Party Wall Award will typically include:
- The names and addresses of the building owner and adjoining owner
- A description of the proposed works and the property at which they will take place
- The permitted working hours — typically Monday to Friday, 8am to 5pm or 6pm, with restrictions on Saturday hours and no work on Sundays or Bank Holidays
- The method of construction for works affecting the party wall — how beams will be inserted, how the wall will be supported, what protective measures will be used
- A requirement to carry out a Schedule of Condition of the adjoining owner's property before works begin
- The procedure for inspecting and recording any damage caused during the works
- The obligation on the building owner to make good any damage caused to the adjoining owner's property
- Details of any security for expenses where relevant
- The surveyor's fees and who is responsible for paying them
What is a Schedule of Condition and why is it part of the Award?
A Schedule of Condition is a detailed written and photographic record of the condition of the adjoining owner's property — typically the rooms, walls, ceilings, and floors most likely to be affected by the works — taken before any building work begins. It forms part of the Party Wall Award and serves as the baseline record against which any damage claimed after the works can be assessed.
A proper Schedule of Condition should include written narrative commentary describing the condition of each area inspected, as well as photographs. A photographic-only record — increasingly offered by some surveyors as a cheaper alternative — is widely considered insufficient because photographs without written commentary can be ambiguous and difficult to use as evidence if damage is disputed.
Can a Party Wall Award be appealed?
Yes. Either party has the right to appeal a Party Wall Award to the County Court within 14 days of the Award being served. Appeals are relatively uncommon in straightforward residential matters but do occur where one party believes the Award is unlawful, goes beyond the powers of the Act, or fails to adequately protect their interests.
Once the 14-day appeal period has passed without an appeal being lodged, the Award becomes final. Building works covered by the Award may proceed, subject to compliance with its terms.
How long does it take to get a Party Wall Award?
The time from dissent to a served Award varies considerably. In straightforward residential cases where both parties cooperate and an Agreed Surveyor is used, four to eight weeks from dissent to a served Award is a realistic expectation. Where each party has appointed their own surveyor, or where there are complex technical matters to resolve, the process can take considerably longer.
The key factors that extend the timeline are: delay in appointing surveyors; incomplete or changing drawings; difficulty agreeing access to the adjoining owner's property for the Schedule of Condition inspection; and disagreement between two-party surveyors that requires referral to the Third Surveyor.
Does the Award mean I can start work immediately?
Once a Party Wall Award has been served, the building owner may in principle proceed with the notifiable works in accordance with the terms of the Award. However, the original notice period — one or two months depending on the notice type — must also have elapsed. If the Award is served before the notice period expires, the building owner must still wait until the notice period has run.
It is also wise to wait for the 14-day appeal period to pass before committing fully to the works — though in practice, most experienced party wall surveyors will advise their client on the likelihood of an appeal given the circumstances.
Frequently asked questions about Party Wall Awards
Is a Party Wall Award the same as a party wall agreement?
Not exactly. A Party Wall Award is the formal document produced by appointed surveyors under the Act. The term 'party wall agreement' is often used informally to describe the overall arrangement between building owner and adjoining owner, but strictly speaking it refers to a written consent — not a surveyor-produced Award. The two terms are frequently confused but describe different things.
Does my neighbour's surveyor act for them against me?
Not in the adversarial sense. Both party wall surveyors — whether an Agreed Surveyor or two separately appointed surveyors — have a duty to act in accordance with the Act, not as advocates for the party who appointed them. Their duty is to the Act, not to their appointing party. In practice this means the Award should reflect a fair and reasonable balance between the interests of both parties.
What happens if my neighbour refuses to appoint a surveyor?
If the adjoining owner fails or refuses to appoint a surveyor within ten days of being asked to do so, the building owner's surveyor may select a surveyor to act on their behalf. The Act provides this mechanism specifically to prevent an adjoining owner from frustrating the process by refusing to engage.
Start the party wall process by generating your notice, track the statutory deadlines in your personal dashboard, and connect with a qualified party wall surveyor if your neighbour dissents. Our panel surveyors cover postcode areas across England and Wales with published fixed fees.