A Party Wall Award is the document that sets out how works covered by the Party Wall etc. Act 1996 are to proceed once a dispute has arisen and a surveyor, or surveyors, have been appointed.
Its purpose is not simply to confirm that the Building Owner can carry out the works. A well-prepared Award sets the practical framework for how those works are to be undertaken and how the Adjoining Owner’s property is to be protected.
The exact contents will depend on the project, but there are a number of matters that commonly form part of an Award.
The Works Being Authorised
The Award should clearly identify the works that fall within the Act.
Depending on the project, these may include excavation for foundations, building at the line of junction, cutting into a Party Wall, exposing a Party Wall or carrying out structural works that engage the Act.
The drawings and structural information will often form part of the Award so that there is a clear record of the works being authorised. In the Award reviewed here, the works included excavation, construction of a new wall up to the line of junction and works involving cutting into and exposing the Party Wall.
Once the Award has been served, the notifiable works should be carried out in accordance with those agreed details.
Recording the Adjoining Property
A Schedule of Condition will often be attached to the Award.
This records the condition of the relevant parts of the Adjoining Owner’s property before works begin and provides a useful reference if damage is later alleged.
The Schedule does not prevent damage from occurring, but it gives both parties an objective starting point when considering whether cracking, staining or other defects were pre-existing or arose during the works.
How the Works Are Carried Out
One of the more important functions of an Award is that it can set reasonable controls around the manner in which the works are undertaken.
These provisions will vary depending on the construction.
They may deal with temporary support, weatherproofing, protection of neighbouring areas, access, dust and debris, or the type of tools that can be used when working directly against the Party Wall.
For example, the Award reviewed for this article required certain cutting works to be carried out using rotary cutters or hand tools rather than powered percussion tools.
These conditions are intended to reduce avoidable risk and unnecessary inconvenience rather than interfere with the construction project.
Access and Working Hours
Where access to the Adjoining Owner’s land is required for works covered by the Act, the Award can set out how that access is to be managed.
This may include notice periods, temporary protection, hoarding, working hours and reinstatement once the access is no longer required.
The Award may also restrict the hours during which noisy works are undertaken. In the example reviewed, separate hours were set for noisy works and for access-related works.
Having these arrangements recorded in advance can help avoid uncertainty once construction is underway.
What Happens if Damage Is Caused?
A Party Wall Award will normally deal with damage caused by the notifiable works.
Where damage occurs, the Building Owner may be required to make good the affected area using materials and finishes that match the existing property.
Depending on the circumstances, the Adjoining Owner may instead prefer a payment in lieu of the repair works.
The Award reviewed here included both options, with provision for the value of any payment to be agreed between the owners or determined by the surveyor where necessary.
This is one of the reasons the Schedule of Condition is such an important part of the process.
The Surveyor’s Role During the Works
The Party Wall Surveyor’s involvement does not always end when the Award is served.
Where appropriate, the Award may allow the surveyor to inspect relevant parts of the works during construction.
If circumstances change, damage occurs or another matter falling within the Act needs to be determined, a further Award can also be made.
The Party Wall Surveyor is not acting as the contractor’s site manager or taking responsibility for the design of the works. Their role remains focused on matters arising under the Act.
Why the Party Wall Award Matters
The Award provides both owners with clarity before the relevant works begin.
For the Building Owner, it establishes the framework within which the notifiable works can proceed.
For the Adjoining Owner, it records the condition of their property and sets out the protections that apply while the works are being undertaken.
A properly prepared Award should therefore answer the practical questions that are most likely to arise during construction: what work is being carried out, how it will be done, when access may be required, what protections are necessary and what happens if something goes wrong.
Party Wall Advice from Stokemont
Stokemont acts for Building Owners and Adjoining Owners, as well as accepting Agreed Surveyor appointments where appropriate.
Our Party Wall services include notices, Schedules of Condition, review of proposed works, preparation of Party Wall Awards and advice throughout the construction process.
If you are planning an extension, loft conversion, excavation or basement conversion and would like to understand whether the Party Wall etc. Act 1996 applies, you can use our Instant Quote service to check our current fees and turnaround times.
