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 (total) 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:

 

1.   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. The location of the project property and adjoining property, comprehensive details about the proposed works, including rights of the Building Owner to access the Adjoining Owner's property for the purpose of carrying out the works. A timeframe is set for the commencement and completion of the notifiable works as per the Party Wall Act's requirements.

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    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. While this report may solely seem beneficial for the Adjoining Owner, the Building Owner gains advantages by obtaining a Referential Report, ensuring clarity on liability for defects and facilitating smoother resolution of disputes over damages, thereby fostering a positive neighbourly relationship.

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     3.   Drawings

 

All the relevant planning or structural drawings of the proposed works as provided by the Building Owner’s Architect. Floor plans, roof plans, elevation, and section drawings are typical drawings that are appended to awards which provide particular information on materials to be used and installation methods. For example, steel beam layouts, lead flashing details, and foundation type and depths.

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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.