If you are planning works near a shared boundary, you have probably come across the terms Party Wall Notice, Agreement, and Award. They are often used interchangeably, but they mean very different things under the Party Wall etc. Act 1996. Understanding the distinction is key to avoiding disputes, delays, and unnecessary legal costs.
A Party Wall Notice
This is the starting point of the process. It is a formal legal document served by the building owner to adjoining owners, notifying them of proposed works that fall under the Act. These typically include works to an existing party wall such as cutting in beams or removing chimney breasts, excavation near a neighbouring structure, and building on or up to the boundary line.
The notice must be served in advance, usually one or two months depending on the type of work, and gives the adjoining owner the opportunity to respond. Anyone can serve a party wall notice, however caution is advised. The wording must be accurate and the scope of works clearly defined. Errors at this stage often lead to disputes later on, particularly if the works are not properly identified.
A Party Wall Award
If the adjoining owner dissents, or simply does not respond, a dispute is deemed to have arisen under the Act. At this point, surveyors are appointed to resolve the matter and produce a legally binding document known as a Party Wall Award. The Award will set out what works are permitted, how and when they should be carried out, what protective measures are required, and who is responsible for costs, including surveyor fees. It is important to note that you cannot act as your own surveyor in this process, even if you served the original notice yourself.
A Party Wall Agreement
This is a term that is often used incorrectly or mistaken for a Party Wall Award. A Party Wall Agreement can sometimes be a term used when the adjoining owner consents to the notice. Even where consent is provided, it is still best practice to prepare a schedule of condition before works begin. This provides a clear record of the adjoining property and helps avoid disagreements if damage is alleged during or after the works.
In summary,
- Party Wall Notice
This is a how you formally inform your neighbour of proposed works.
- Party Wall Award
A legally binding document used to resolve a dispute, which is produced by surveyors to dictate the time and manner of the works.
- Party Wall Agreement
Not an official term, sometimes used interchangeably with a Party Wall Award or consent.
