What is a Party Wall Award

Sun, 02 Apr 2023 20:10:54 GMT

What is a Party Wall Award

Many clients or customers often contact me in their initial enquiry to request a party wall agreement or party wall award. So just, what is a party wall award, and how does it impact the parties in dispute?

So a party wall award, commonly referred to by clients and customers alike as a party wall agreement, is a legally binding document that outlines the rights and obligations of two or more neighbouring property owners.

This usually occurs when one of them intends to carry out certain types of construction work on their properties that affect a shared wall, boundary or structure or carry out construction work at the boundary line or carry out excavations within 3 or 6 m of adjacent properties. This type of agreement is governed by the Party Wall etc. Act 1996.

The Act was introduced to provide a framework for resolving disputes between property owners who share a party wall, boundary or structure. It sets out the procedures that must be followed when carrying out work that could affect the structural integrity of a shared wall or boundary. The Act also outlines the rights and responsibilities of each party involved in the dispute.

One of the key aspects of the Act is that it requires property owners to serve party wall notice to their neighbours before carrying out any work that could potentially affect the shared structure. This notice must be given at least one or two months before the proposed work is due to begin.

If the neighbour agrees to the proposed work, a party wall agreement is unnecessary, and the building owner, the property owner, can continue with their intended works without issue.

If there is dissent or concern over the proposed works, then a dispute will be deemed to have arisen, and a party wall Award will be drawn up by appointed surveyors to both regularise and provide authorisation for works to continue..

The role of a party wall surveyor is to act as an impartial third party and provide advice and guidance to both parties involved in the dispute. They will inspect the property and assess the potential impact of the proposed work on the shared structure. They will also consider any objections raised by the neighbour and seek to find a mutually acceptable solution.

Once the party wall surveyor has assessed the situation and reached a decision, they will issue a party wall award. This is a legally binding document that sets out the rights and obligations of both parties. The award will typically include details of the proposed work, any safeguards that need to be put in place to protect the neighbouring property, and the cost of the work.

It is important to note that a party wall award is a legal document and must be followed by both parties involved in the dispute. Failure to comply with the terms of the award could result in legal action being taken.

So to summarise, a party wall award is a legally binding document that is used to resolve disputes between neighbouring property owners who share a party wall, boundary or structure or, in some cases, an adjacent structure.

It is an important tool for ensuring that work carried out on one property does not have a detrimental impact on the neighbouring property.

If you are planning on carrying out any work within Birmingham or the West Midlands area that could potentially affect a shared structure or forms part of works defined under the Party Wall etc Act 1996, it is important to seek advice from a party wall surveyor. Manor House Surveyors can assist and help advise you on the necessary legal procedures set out in the Party Wall etc. Act 1996. By contacting us, you can avoid potential disputes and ensure that your building works are carried out legally and responsibly.

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What is a Party Wall Award

What is a Party Wall Award