This blogpost is going to be taking a focused look at party wall surveying procedures. Particularly, we are going to be looking at the scenarios that come into play when a Party Wall Award has been agreed and served upon both the building owner and adjoining owner respectively.
Party Wall Awards are also commonly referred to as Party Wall Agreements. The Party Wall Award itself is the conclusion of the procedures as set out by the Party Wall etc. Act 1996.
The Party Wall Award is going to be the final piece of the jigsaw puzzle that comes into play during the course of a building owner’s party wall construction works. Importantly, the Party Wall Award is going to give the building owner the legal right to commence their planned construction works and in particular, the works that fall within the realm of the Party Wall etc. Act 1996.
Once a building owner is in receipt of a Party Wall Award, at that stage they will have the legal right to progress their works and will not need to go through any further delay or formality in that regard.
An often misunderstood section in the Party Wall etc. Act 1996 is Section 10(17), as set out as follows;
Resolution of disputes
Either of the parties to the dispute may, within the period of fourteen days beginning with the day on which an award made under this section is served on him, appeal to the county court against the award and the county court may — (a) rescind the award or modify it in such manner as the court thinks fit; and (b) make such order as to costs as the court thinks fit.
The majority of Party Wall Awards that are served are going to reference Section 10(17) of the Party Wall etc. Act 1996, specifically setting out the timings therein.
Typically, both building owners and adjoining owners alike will mistakenly believe that post Party Wall Award service, there is a 14-day period for which they need to delay or hold off commencing the planned works.
This is not the case; the 14-day period, as set out in Section 10(17), is in place to give both building owner and adjoining owner alike the legal right to appeal the Party Wall Award should they wish to do.
Party Wall Award appeals are obviously a relatively rare thing, however, they are in place to give both building owner and adjoining owner the statutory right to formally have the Award set aside while the claim leading to the appeal is unravelled and ultimately responded to by the respondent.
Assuming a Party Wall Award isn’t appealed, the building owner can upon receipt of it commence the party wall works that have been included and set out within the contents of the award itself.
It is imperative to note that the contractor, or contractors, undertaking the works on behalf of the building owner should have sight of the Party Wall Award.
The requirement and need for this is to ensure that they are fully abreast with the specific construction clauses that relate to the day-to-day works that are taking place.
More often than not, the Party Wall Award is going to contain provisions and wording that will limit, govern and oversee certain elements of the planned party wall works themselves.
Typical Party Wall Award Protective Provisions:
- Undertaking works with hand tools
- Filling foundation excavations within a specified period of time
- Construction working hours
- Construction working days
- Adjoining owner garden access provisions
- Adjoining owner roof access provisions
- Temporarily blocking and sealing neighbouring open chimney breasts and vents
- Temporary Weatherproofing
- Sectional Foundation Bays
- Eccentric Foundations
- Documenting and photographing elements of planned works
All of these provisions are in place to ensure that the risks associated with the planned party wall works is at its lowest possible point.
Furthermore, that the potential of damage is at its lowest possible level.
For many adjoining owners, the need and want behind a Party Wall Award falls to the added legal protection it gives them in respect of damage and cost.
The Party Wall Award will set out both how damage is dealt with, the manner in which the building owner will be dutybound to look into, discuss and hopefully resolve it, while also dealing with the scenarios that may come into play should there be any form of disagreement in respect of party wall damage between the two respective owners, building owner and adjoining owner.
Once you receive a Party Wall Award, we would advise that it is carefully reviewed and read. At this stage you should have a full understanding of exactly what the contents of the Party Wall Award are so that you are fully abreast of them and aware of the procedures and protocols that are in place in the event of any potential issue resulting from the works.
If you would like to discuss Party Wall Awards with our qualified and experienced Party Wall Surveyors, feel free to give us a call today or alternatively, pop us an email and we would be more than happy to assist, advise and help you.
