Party Wall Award

A & A Party Wall Surveyors are your trusted partners in the efficient and professional handling of party wall matters. One crucial aspect of this process is the publishing and serving of Party Wall Awards. These binding papers outline the rights and responsibilities of all parties involved in a construction project under the 1996 Act. Our Publishing and Serving Party Wall Award services ensure that these are prepared, distributed, and managed accurately, giving you peace of mind during your construction project.

Understanding Party Wall Awards

Party Wall Awards, also known as Party Wall Agreements, are essential copies under the Party Wall Act. They are designed to protect the interests of both building owners and adjoining owners when construction work affects a shared wall, boundary, or excavation near a neighbouring property. A Party Wall Award sets out the terms and conditions under which the construction work will take place, including any necessary safeguards and dispute resolution mechanisms.

What is Included in a Party Wall Award?

A Party Wall Award means encompassing various elements essential for ensuring smooth construction work and maintaining amicable relations between neighbours. Here’s a breakdown of what is typically included in a Party Wall Award:

Notice: The process commences with serving a formal Party Wall Notice to the adjoining owners, informing them about the proposed construction that may affect the party wall or boundary line.
Party Wall Notice: This paper outlines the nature of the proposed works, the anticipated start date, and other pertinent details, as required by the Act 1996.
Neighbour: Refers to the owner(s) of the neighbouring property affected by the proposed construction. They have the right to respond to the Party Wall Notice, either consenting to the proposed works.
Schedule of Condition: Before the commencement of the construction, a detailed Schedule of Condition is prepared. This document records the existing condition of the adjoining property to avoid disputes regarding damage caused during construction.
Party Wall: The wall is shared by two adjoining properties, subject to the Act. It could also include structures such as floors or ceilings between flats or apartments.
Building Work: Any construction, alteration, or party wall procedure that may affect the stability or structural integrity of the party wall or adjacent properties.
Dissent: If the adjoining owner(s) conflict with the proposed works, they can appoint a surveyor themselves to represent their interests or agree to the appointment of a surveyor who acts impartially.
Agreed Surveyor: An impartial surveyor appointed jointly by both parties or by the building owner with the consent of the adjoining owner(s). These surveyors facilitate the preparation of the Party Wall Award and resolve disputes between the parties.
Proposed Works: Details of the construction, including plans, drawings, and specifications, are included in the Party Wall Award to provide clarity to all parties involved.

Is a Party Wall Award Final?

A Party Wall Award is the final copy produced by the two party wall surveyors or agreed between the two surveyors appointed by the adjoining owner’s property. This award is a legal document that sets out the rights and responsibilities of two owners and the adjoining owner(s) concerning party wall works.

Once the award has been agreed upon, either the owner believes the award to have been improperly made, or they have a 14-day right of appeal. This ensures that the adjoining owners’ rights are lawfully protected in the event of a dispute.

Disputing a Party Wall Award

If either owner believes that the Party Wall Award has been improperly made, they have the right of appeal within 14 days of the award being drafted. This ensures that both parties have the opportunity to contest the decision if they feel it is unfair or does not adequately address their concerns.

To dispute the award, the dissenting party must notify the other party and appoint a party wall surveyor within the specified timeframe. This initiates the dispute resolution process, which may involve further discussion or mediation to reach a satisfactory resolution.

The Types of Party Wall Award

There are typically two types of Party Wall Awards:

Agreed Award: This is when the two-party wall surveyors appointed by the building and adjoining owners come to an agreement on the terms of the award. It is usually the preferred outcome as it minimizes costs and disputes.
Disputed Award: If the surveyors cannot agree on the terms of the award, a third surveyor may be selected to act as an impartial mediator. The third surveyor will review the evidence and make a final decision, known as a “third surveyor’s award.”

In both cases, the award is the paper that legally governs the party wall process and ensures that the rights of both parties are upheld.

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Our Publishing and Serving Party Wall Award Services

At A & A Party Wall Surveyors, we provide comprehensive services related to Party Wall Awards. Our goal is to ensure that the process is carried out professionally and in compliance with all legal requirements. Here’s what our services encompass:

Award Preparation

Our experienced surveyors will meticulously draft the Award, detailing the rights and obligations of each party involved. This copy will cover aspects such as access arrangements, working hours, safety measures, and dispute resolution procedures.

Serving the Award

We will ensure that the Award is served correctly to all relevant parties, including the building owner, the adjoining owner, and any designated surveyors. Proper service is a crucial step in the process of establishing the document’s legal validity.

Compliance Monitoring

Throughout the construction project, our surveyors will monitor compliance with the terms of the Award. Regular site inspections and communication with all parties involved help prevent disputes and ensure adherence to the agreed-upon conditions.

Dispute Resolution

In the event of any disagreements or disputes arising during the construction work, our team is equipped to mediate and facilitate discussions to reach an amicable resolution. We aim to minimize disruptions and ensure the project proceeds as smoothly as possible.

Why Choose A & A Party Wall Surveyors?

Experienced and Knowledgeable Surveyors.
Thorough Understanding of the Party Wall Act.
Accurate Award Preparation and Serving.
Commitment to Fairness and Transparency.
Cost-Effective Solutions.

Contact Us Today

When it comes to Party Wall Awards, precision and compliance are essential. Trust A & A Party Wall Surveyors to handle the publishing and serving of Party Wall Awards with expertise and efficiency. Contact us today to ensure your construction project proceeds smoothly, maintaining positive relations with neighboring property owners and safeguarding your interests.

Contact Information

Phone: 020 3488 7375

Email: info@aaapws.co.uk

Address:48 Medway Close Ilford IG1 2PW

Let AAA Property and Wall Surveyors be your partners in managing the legal aspects of party wall matters, ensuring a seamless construction process that adheres to all relevant regulations.

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FAQs

What is a Party Wall Award?

A Party Wall Award, also known as a Party Wall Agreement, is a legally binding document prepared by party wall surveyors to resolve disputes between neighbors over building works affecting a shared wall, boundary, or structure. It outlines the work to be done, how and when it will be carried out, and who will pay for the work and associated costs (Party Wall Consultancy) (Icon Surveyors).

When is a Party Wall Award required?

A Party Wall Award is necessary when a dispute arises from a notice served under the Party Wall etc. Act 1996. This typically involves works such as building on or near the boundary, excavating near a neighboring property, or modifying an existing party wall.

Can I prepare my own Party Wall Award?

No, the Act prohibits property owners from acting as their own surveyor in a party wall dispute. A qualified surveyor must be appointed to ensure the Award is valid and legally binding.

Who pays for the Party Wall Award?

Generally, the Building Owner (the party initiating the works) is responsible for covering the surveyor’s fees and any associated costs. However, if the works benefit both parties, the costs may be shared as determined by the surveyor(s).

How long does a Party Wall Award last?

The Award typically stipulates that the authorized works must begin within twelve months of the Award being served. The obligations under the Award continue indefinitely, as they are not subject to the Statute of Limitations