Speak to a Surveyor

Interested in our Services?

Home » Blog » Party Wall Surveying » Breach of a Party Wall Award

Breach of a Party Wall Award

Sep 12, 2022



Share

Thank you for clicking on today’s Property Surveying blog.  In this week’s post, we are going to be discussing party wall surveying procedures and particularly scenarios that come into play when there is a breach of the Party Wall Award.

First and foremost, in order for there to be a Party Wall Award in place, the building owner would have to have served a Party Wall Notice upon the adjoining owner prior to their planned works commencing.

The adjoining owner would have had to have dissented to that Party Wall Notice and appointed either an agreed party wall surveyor, or their own party wall surveyor.

The party wall surveyor, or party wall surveyor’s role would have then been to agree a Party Wall Award which would have been the conclusion of their input on the party wall matter itself. 

Once the Party Wall Award is served, the building owner is given the legal right to commence their planned works without any further input or discussion from the party wall surveyors.

The Party Wall Award itself gives the building owner the right to progress their planned works and ultimately will have within it various different governing points that the building owner and their contractors will need to consider and adhere to during the course of the planned works. 

In a scenario whereby there is a breach of a Party Wall Award it effectively means that the building owner has not adhered to the Award’s wording and legal requirement.

So what happens if this occurs?

In the event that there is a breach of the Party Wall Award, first and foremost the party wall surveyor will be informed and notified of this, usually by the adjoining owner.

The party wall surveyor is then going to take a look at the breach that has taken place and ultimately determine the severity of the breach, along with the necessary steps or procedures that the party wall surveyor would need to follow in order to regularise the breach.

We are going to look at some of the typical breaches of Party Wall Awards that we have seen over the years.

Construction Work Timings

One of the most common breaches that we are alerted to here at Stokemont by clients and owners alike is the building owner’s contractor not adhering to the timings and working hours as set out by the Party Wall Award itself.

Commonly, this will be a building owner working earlier on week days, or perhaps past the construction hour cut off on a weekend.  It can also be a scenario whereby contractors work on a Sunday.

Ultimately, if indeed this type of scenario does occur the party wall surveyor is going to have a firm word with the building owner to ensure that their contractors are fully aware of the Award’s timings and take those into account accordingly. 

Construction Methodology

Another typical complaint comes down to the manner in which the contractors on site undertake and complete the planned party wall works.

Typically, Party Wall Awards are going to set out that contractors undertake all works to the party wall using hand tools.  The logic behind this introduction into the Award is to reduce the risk of vibration and percussion to the party wall which in turn reduces the risk of damage resulting from those works.

Commonly, contractors will overlook this requirement and undertake works using Kango type drill hammers which not only add significant vibration to the party wall, they also add the likelihood and risk that vibration and damage will occur to the adjoining owner’s side of the party wall. 

In the event that this type of breach occurs, the party wall surveyor is likely to have a firm word with the building owner setting out exactly what needs to be done, while also pointing out that if the contractors continue to work on the party wall with such tools, inevitably the building owner is likely going to have to foot the bill for damage and fees further down the line. 

Deviations to Planned Works

Another relatively typical scenario is when the building owner’s plans change during the course of the works.

It could be as simple as the building owner deciding to undertake works that are additional to what was originally planned, or perhaps during the course of the work there is a planned design change in respect of the extent of the party wall works that are taking place.

In the event that this occurs, the party wall surveyor is likely going to require further input and 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 to hand they will then review, advise and ultimately ensure that the necessary information is in place.

Party wall procedures are inherently stressful, for both building owner and adjoining owner alike. 

It is important to note that Party Wall Awards are there to protect both building owner and adjoining owner above and beyond common law, whilst also setting out a procedure and protocol in the event of any issue, damage or deviation from the works themselves.

If you would like to discuss party wall surveying procedures with our team of experienced and qualified party wall surveyors here at Stokemont, give us a call today, or simply pop us email, we will be more than happy to assist and advise.

My neighbour refused my Party Wall Notice

My neighbour refused my Party Wall Notice

Hello and welcome to today's property surveying blog post, in today’s blog post we are going to be looking at Party Wall surveying procedures, taking a look at when someone refuses or dissents to your Party Wall Notice. Is a Party Wall Notice Required? Firstly, let us...

read more
Should I Get A Party Wall Surveyor?

Should I Get A Party Wall Surveyor?

Hello and welcome to today's property surveying blog post, in today’s topic we are going to be discussing Party Wall Surveying matters, taking a look at whether you should get a Party Wall Surveyor. This would all depend on whether or not your planned works or your...

read more
Do I need two Party Wall Surveyors

Do I need two Party Wall Surveyors

Thank you for clicking on one of Stokemont’s Property blog post, we really hope that it provides you with some valuable information. We have a wide range of blog posts available on our website which cover a variety of property related topics. In today’s post we will...

read more