Stage Three of the Party Wall Process:
Acquiring a Party Wall Award
After the Party Wall Notice(s) has been served, in some cases, immediate consent to the proposed works is not received from the Adjoining Owner. When such disagreements between neighbours arise, a Party Wall Award will have to be obtained in order for the Building Owner to be authorised to go ahead with their project.
Creating a Party Wall Award is the process to resolve disputes that have arisen between the Building Owner and Adjoining Owner. Disputes arise typically in one of two ways: the Adjoining Owner dissents from the Party Wall Notice that was served upon them in writing or the Adjoining Owner ignores / refuses to respond to the Party Wall Notice that was served upon them. The Adjoining Owner has 14 days to respond after service of the initial Notice. If they do not respond within these 14 days, another Notice is served upon them to which they have 10 days to respond. If they fail to respond within this time frame, a dispute is deemed to have arisen. When the Adjoining Owner dissents from the Notice in writing, they will appoint a separate Party Wall Surveyor and the two appointed surveyors will carry out the procedures to generate a Party Wall Award. When the Adjoining Owner is unresponsive after the 24 day period, the Building Owner will appoint a separate Party Wall Surveyor on their behalf and the two appointed surveyors will carry out the procedures to generate a Party Wall Award.
A Party Wall Award is a legal document that is prepared by Party Wall Surveyors and sets out the details of the proposed works and the respective rights of both the Building Owner and Adjoining Owner. Included in the Award are typically three sections:
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The Main Body
Details the specified manner of the proposed works which complies with the Party Wall etc. Act 1996 such that inconveniences to the neighbour and risk of damage to the Adjoining Owner’s property is minimised.
2. A Schedule of Condition
Is a written report based on a condition survey carried out on the Adjoining Owner’s property prior to the works commencing. The report is supported with photographic evidence that are taken on the survey.
3. Drawings
All the relevant drawings of the proposed works as provided by the Building Owner’s Architect.
Once the Party Wall Award is created, it is served upon both the Building Owner and Adjoining Owner. Only then, is the Building Owner permitted to start their project. If the Building Owner for any reason does not wish to commence construction immediately, they are allowed to do so as long as it is started within a year upon service of the Party Wall Award.
Awards
After the Party Wall Notice(s) has been served, in some cases, immediate consent to the proposed work is not received from the Adjoining Owner. When such disagreements between neighbours arise, a Party Wall Award will have to be obtained in order for the Building Owner to be authorised to go ahead with their project. Party Wall London Surveyors prepare and serve high-quality Party Wall Awards, enabling Building Owners to commence works with reassurance they have fulfilled their legal requirements.
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Confused about the process? Don’t worry, we are here to help. We understand the specifications and duties of following the Act can be a bewildering experience. Our surveyors are ready to give the utmost impartial advice. Settling disputes between parties are carried out as fairly as possible and we will make sure you obtain all the necessary information required. Get in contact with us today to speak to a professional about your construction proposal.