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A Party Wall etc. Act 1996 Award 

 

 

1) The parties and the property details

  • Names and addresses of:

    • Building Owner (doing the work)

    • Adjoining Owner(s) (neighbour(s))

  • Addresses of the properties affected

  • Confirmation of the surveyor(s) appointed:

    • Agreed Surveyor (one surveyor for both), or

    • Two surveyors + the Third Surveyor named

2) Recitals / background

  • What notices were served (type and date), e.g.:

    • Party structure notice (works to party wall/party fence wall)

    • Notice of adjacent excavation

    • Line of junction notice (new wall at/astride boundary)

  • Timeline: service of notice, any dissent/consent, appointments, inspections

  • The surveyors’ jurisdiction under the Act

3) The “Award” clauses (the rules of the works)

This is the heart of it. It usually covers:

A. The works that are permitted

  • A clear description of the authorised works (often cross-referenced to drawings)

  • What is not authorised (sometimes stated explicitly)

B. Working methods and standards

  • Construction method requirements (sequence, temporary works, support, etc.)

  • Compliance with relevant standards / good practice

  • Requirements to protect the adjoining structure (weathering, flashing, waterproofing, etc.)

C. Working hours and site conduct

  • Permitted working hours (often weekdays + limited Saturdays)

  • Rules on noise, dust, vibration, debris, security, and keeping access clear

D. Access arrangements

  • If/when the Building Owner can access the Adjoining Owner’s land

  • Notice period for access (often 14 days unless urgent)

  • Conditions: supervision, protection, making good, reinstatement

  • Scaffolding/hoarding placement rules, if needed

E. Protection measures / safeguards

  • Temporary protections (sheeting, padding, shoring, propping)

  • Monitoring requirements (e.g., crack gauges / vibration monitoring) if riskier works

  • Special requirements for excavation near foundations (depth, method, sequencing)

F. Damage, making good, and compensation

  • How damage will be assessed (usually against the Schedule of Condition)

  • Whether the Building Owner must:

    • Make good damage, or

    • Pay compensation in lieu (sometimes at Adjoining Owner’s option)

  • Timeframes for repairs and standards of finish

G. Security for expenses (sometimes)

  • If the adjoining owner requested it and surveyors agree it’s justified:

    • a sum held to cover unfinished works / risk (often in escrow / stakeholder form)

H. Surveyors’ fees and who pays

  • Surveyors’ fee breakdown or basis of fees

  • Typically states Building Owner pays reasonable fees (common, but depends on circumstances)

I. Dispute resolution & variations

  • How unforeseen matters are dealt with (surveyor(s) can make “further awards”)

  • Process if plans change (must be re-awarded/varied)

4) The Schedule of Condition (usually an appendix)

  • A recorded condition survey of the adjoining property before works start

  • Typically includes:

    • Written notes room-by-room / elevation-by-elevation

    • Photos (very common)

    • Existing cracks, defects, finishes, distortions

  • This is crucial evidence for any later damage claim.

5) Drawings and documents (appendices)

Common attachments:

  • Architectural drawings (existing/proposed)

  • Structural drawings/calculations (e.g., beams in party wall)

  • Method statements / temporary works details (if provided/required)

  • Land Registry title plans (sometimes)

  • Engineering details for excavation/foundations

6) Signatures, service, and appeal information

  • Signed by the Agreed Surveyor, or by both surveyors

  • Date of the Award and how/when it is “served”

  • Notes on the right to appeal to the County Court (commonly mentioned)

    • (Awards are typically appealable within a set period after service)

Common extra clauses (depending on the project)

  • Indemnity/insurance requirements (e.g., proof of public liability cover)

  • Contractor details and obligations (sometimes required)

  • Protection of finishes (tiles, garden paving, decorations)

  • Party fence wall specifics (garden wall astride boundary)

  • Weathering and “no unnecessary inconvenience” type clauses

  • Special foundations consent issues (rare but relevant sometimes)

Quick “quality checklist”

A solid Award usually:

  • Describes the works precisely and ties them to drawing numbers + dates

  • Includes a thorough Schedule of Condition with clear photos

  • Sets out clear access rules, working hours, and making good obligations

  • Deals with riskier items: excavation, support, water ingress, vibration

  • Makes fees and procedures unambiguous

 

Suymmary

A Party Wall Award is a legally binding document drafted by a Party Wall Surveyor a building owner cannot act as his own Surveyor even if he has suitable qualifications. The Award sets out the rights and responsibilities of the Building Owner instigating the development works.

The Party Wall Surveyor can act as an “Agreed” Surveyor for all parties or as the Building Owners Surveyor working with the Adjoining Owners Surveyor to jointly agreed the Award. The Award describes the works to be carried out that relate to notifiable works under the Party Wall etc. Act 1996 (the Act).

The Award sets out the timing and manner of the proposed works and can include drawings, method statements, structural calculations, details of loadings or excavations.

The Act provides the Building Owner is responsible to make good any damage caused by his contractors to the Adjoining Owners property. This can be a sum of money determined by the Surveyor of being allowed to make good the damage himself.

Although not even mentioned in the Act it is best practice to include a schedule of condition of the Adjoining Owners property in the Award. This document describes the current condition of the Party wall before works commence and is accompanied by digital images. The schedule of condition then acts as a point of reference if notifiable works cause damage to the Adjoining Owners property.

Because the Award is a legal document, we recommend the award is stored in a safe place ideally with the title Deeds of the property. The Award is both a useful reference to the works undertaken, and some Award provide permission for future works to be financially accountable as well as identifying which ownership instigated them.   

A retrospective Award can only be served if no notices for notifiable works have been served under the Act and in the event, damage has been caused to the Adjoining Owners property.

At Party Wall Expert we have a six strong team specialising in Party Wall matters in an independent and impartial manner.

 

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