Party Wall Awards: A Helpful Guide for Property Owners
Table of Contents
Introduction
Planning any construction project in Cornwall can be daunting, especially those involving shared property boundaries. If your home shares a wall with its neighbour, you may have come across the term “Party Wall Award” during your research. But what exactly is it? This guide will equip you with all the need-to-know information so you don’t fall afoul of the law.
What is a Party Wall Award?
Often referred to as a Party Wall Agreement, this legal document safeguards the rights and responsibilities of both property owners when undertaking construction work on a shared boundary, be that a wall or a ‘party structure’ (for example, a floor that separates flats). It outlines three key aspects:
- The work to be carried out.
- Timeline(s) and procedure(s) for the works.
- Who is responsible for what payment(s), including payment amounts.
Alongside these, the Award should also include:
- Work Specifications: Detailing the exact procedures for completing the project.
- Adjoining Property Condition Report: Photos and a detailed file documenting the adjoining property’s condition before construction commences.
- Construction Drawings: Illustrating the scope and scale of the works.
Both property owners and all contractors involved in the project must be familiar with the Award’s details.
Do I need a Party Wall Award?
Under The Party Wall etc Act 1996, the GOV.UK website states:
“You must tell your neighbour if you want to:
- build on or at the boundary of your 2 properties
- work on an existing party wall or party structure
- dig below and near to the foundation level of their property”
However, you don’t need to liaise with your neighbours over minor works such as decorating or electrical work.
If you do require a Party Wall Award, you will need to give notice to your neighbour between 2 and 12 months before you start construction.
Who Creates the Party Wall Award?
Obtaining this agreement often requires professional involvement. Therefore, you and your neighbour will need to appoint a surveyor. You can either appoint a single “agreed surveyor” to represent both parties, or you can each select independent surveyors who will then collaborate to reach an agreement. If your neighbour fails to appoint a surveyor, you can appoint one for them.
It is important to note that you cannot act as your own surveyor.
Benefits of a Party Wall Award
For You
- Protection: The documented pre-construction condition of the adjoining property shields you from potential financial liability for any pre-existing damage.
- Access: The agreement grants you permission to access the adjoining property for specific purposes outlined within the document.
For the Adjoining Property Owner
- Peace of Mind: The award minimises disruption by outlining work schedules and safeguards the property’s integrity.
- Dispute Resolution: While disputes regarding reported damage can still arise, the Award establishes a framework for resolution without resorting to expensive and time-consuming legal action.
If either party does not agree with the proposed Party Wall Award, both have a two-week window to contest it by filing an appellant’s notice in a county court.
Conclusion
In most cases where construction affects a neighbouring property, the Party Wall Act of 1996 mandates a Party Wall Award. It fosters clear communication, protects both parties’ interests, and ensures a smooth construction process.
You can find explanatory booklet about the process, alongside several example letters on the GOV.UK website.
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