A Party Wall Award is often required where an adjoining owner has dissented to a Party Wall Notice and surveyors have therefore been appointed.
A common question is whether the building owner can begin the works while the surveyors are still discussing the Award.
What is the purpose of the Award?
The Party Wall Award establishes the rights and obligations relating to the relevant works under the Party Wall etc. Act 1996.
It can include matters such as:
- The works that are authorised.
- Protective measures for the adjoining property.
- Access arrangements where applicable.
- Working hours and other restrictions.
- A Schedule of Condition.
- Relevant drawings and specifications.
- Provisions relating to damage caused by the works.
Can the works begin before it is agreed?
Where the works are subject to the Party Wall Act and an Award is required, the building owner should not simply proceed with the notifiable works while the statutory process remains unresolved.
The surveyors may need to review drawings, structural information and proposed construction arrangements before the Award can be agreed.
Starting prematurely can create unnecessary complications and may require further professional or legal action.
What if the surveyors are taking too long?
Party Wall surveyors have a duty to act reasonably and progress the matter.
If there is disagreement between surveyors, the issue should normally be addressed through the statutory Party Wall procedure rather than the building owner simply commencing the works.
Where there is an unreasonable delay or a specific dispute regarding the surveyors’ conduct, specialist advice may be appropriate.
What about the 14-day appeal period?
An Award does not generally require the building owner to wait 14 days before commencing the works simply because an appeal period exists.
The important point is that the Award must first have been properly made and served, and the works must then be undertaken in accordance with it.
Stokemont’s advice
The safest approach is to ensure the Party Wall procedure is properly concluded before starting works that fall within the Award.
A Party Wall Award should provide a clear framework for the relevant construction works rather than being treated as an administrative formality.
