Party wall surveying procedures can be complex, particularly when a Party Wall Award is not followed correctly.
At Stokemont, we advise both building owners and adjoining owners on party wall matters. We’ll explain what constitutes a breach of a Party Wall Award, common examples, what happens when a breach occurs, and who is responsible for addressing it.
What Is a Breach of a Party Wall Award?
A breach of a Party Wall Award occurs when a building owner fails to comply with the legal requirements set out within the award when performing works that may affect the wall.
In practical terms, a breach means the building owner has not adhered to the wording, conditions, or governing requirements set out in the award.
How Is a Party Wall Award Put in Place?
For a Party Wall Award to be in place, the building owner would first have to serve a Party Wall Notice on the adjoining owner before their planned works start.
If the adjoining owner doesn’t agree to the notice, this is known as dissent. At that point, they must either appoint their own Party Wall Surveyor or agree to a single surveyor acting for both parties.
The surveyor’s role is then to agree a Party Wall Award, which formally governs how the works must be carried out, including the terms to which contractors must adhere.
Once the award is served, the building owner has the legal right to commence their planned works without any further input or discussion from the Party Wall Surveyors.
Common Types of Party Wall Award Breaches
Some of the most common types of Party Wall Award breaches are:
Working Outside Permitted Hours
One of the most common breaches cited by clients and owners is a building owner’s contractor not adhering to the timings and working hours set out by the Party Wall Award.
This involves working earlier on weekdays or beyond the construction hour cut-off on a weekend. It can also occur when contractors work on a Sunday, despite the agreement prohibiting it.
In this situation, the party wall surveyor is likely to have a firm word with the building owner to ensure that their contractors are fully aware of the award’s timings and adhere to them.
Improper Construction Methods
Another common complaint is around the methods used by on-site contractors to undertake and complete the planned Party Wall Works.
Typically, Party Wall Awards set out that contractors undertake all works to the wall using hand tools. The logic behind this is to reduce the risk of vibration and percussion to the party wall, which in turn reduces the risk of damage.
Contractors may overlook this requirement and undertake works using Kango-type drill hammers. These not only add significant vibration to the party wall, but they also increase the likelihood of damage to the adjoining owner’s side of the wall.
If this type of breach occurs, the party wall surveyor can have a firm word with the building owner, setting out exactly what needs to be done. They may also point out that continued use of prohibited tools could leave the owner liable for damage and additional fees.
Deviating From Approved Works
Another common scenario is when the building owner’s plans change during the course of the works.
This may involve undertaking additional party wall works beyond what was originally planned, or when proposing a design change that affects the type or scale of works taking place.
If this occurs, the party wall surveyor will likely require more information from the building owner, often in the form of architect or engineer plans and drawings.
The party wall surveyor will start by requesting this information from the building owner. Once they have the relevant details, they’ll review it, provide advice, and determine what further steps may be required.
What Happens If a Party Wall Award Is Breached?
In the event of a breach of the Party Wall Award, the party wall surveyor will be informed and notified, usually by the adjoining owner.
The surveyor will review the situation, assess its severity, and advise on the steps required to resolve it in line with the terms of the award.
Required resolutions will depend on the severity of the breach, but they may include:
- Immediate changes to comply with the award
- Issuing further instructions to the building owner
- Formally recording the breach within the party wall process
In more serious cases, formal enforcement action may be required to prevent further non-compliance.
Party Wall Award Enforcement
Where a breach is significant or ongoing, Party Wall Award enforcement may be necessary. This can include further surveyor involvement, additional awards or directions, and, in some cases, legal orders such as injunctions to halt works until compliance is achieved.
Failure to comply can also expose a building owner to claims for damage or losses arising from unauthorised work.
Breach of Party Wall Award vs Breach of Party Wall Act
A breach of the Party Wall Act generally relates to failures when following the statutory procedure itself. This can include not serving notice or appointing surveyors where required.
By contrast, a breach of a Party Wall Award occurs after the correct procedure has been followed, but the building owner doesn’t comply with the legally binding terms set out in the award.
Both situations can carry serious consequences. They can arise at different stages of the party wall process and are dealt with differently.
Getting Advice on a Breach of a Party Wall Award
Party wall procedures are inherently stressful for building owners and adjoining owners alike.
It’s important to note that Party Wall Awards are intended to protect both the building owner and adjoining owner above and beyond common law. A clear procedure is set out in the event of any issue, damage, or deviation from the works.
If you’d like to discuss party wall surveying procedures with our experienced and qualified team here at Stokemont, contact us today for professional advice and assistance.
FAQs
Can I Stop Work if My Neighbour Breaches a Party Wall Award?
Only a court can formally order party wall works to stop, usually by way of an injunction.
In most cases, a party wall surveyor will first seek to resolve a breach by reviewing the situation and advising on corrective action. However, if the breach is serious or ongoing, it may be necessary to seek legal advice.
Can I Claim Compensation for Damage Caused by a Breach of a Party Wall Award?
If damage has occurred as a result of a breach of the Party Wall Award, then the building owner may be liable for the costs. Party wall damage compensation will depend on the circumstances of the breach and whether the damage can be clearly linked to the works carried out.
What Should I Do if My Neighbour Ignores the Party Wall Award?
If a neighbour fails to comply with the terms of a Party Wall Award, then your party wall surveyor should be notified as soon as possible. The surveyor can assess the situation and advise on the appropriate next steps, which may include further action if compliance cannot be achieved informally.more than happy to assist and advise.
