A party wall award is a legal document, made by one or more party wall surveyors under the Party Wall etc. Act 1996, that settles how building work affecting a shared wall or a neighbouring building may go ahead. It records the work, when and how it can be done, the condition of the neighbour’s property before work starts and who pays the costs. Both owners are bound by it.
You only need an award if your neighbour does not agree to the work in writing after you serve notice. This guide explains when the Act applies, how the notice and award process works, what the award contains and who pays.
When does the Party Wall Act apply?
The Act applies in England and Wales to three kinds of work:
- Work to an existing party wall or party structure (section 2), such as cutting in to support new steel beams, raising or thickening the wall, cutting away a chimney breast attached to it, or underpinning it.
- Building a new wall on or at the boundary line (section 1).
- Excavating near a neighbour’s building (section 6): within 3 metres, where your foundations will go deeper than theirs, or within 6 metres, where your excavation would cut a line drawn downwards at 45 degrees from the bottom of their foundations.
Loft conversions, rear and side extensions, basements and new buildings next to existing ones are the projects that most often need party wall notice.
Party wall notice: the first step
Before starting, the building owner (the person having the work done) must serve written notice on every adjoining owner affected:
| Type of work | Notice | Minimum notice period |
|---|---|---|
| Work to an existing party wall or structure | Party structure notice | Two months |
| New wall on the boundary line | Line of junction notice | One month |
| Excavation near a neighbour’s building | Notice of adjacent excavation | One month |
Work can start sooner if the adjoining owner agrees in writing.
What happens after notice is served?
The adjoining owner has 14 days to respond. They can:
- Consent in writing. No award is needed, although it is still sensible to record the condition of their property before work starts.
- Dissent and agree to one surveyor acting for both owners, known as the agreed surveyor, who makes the award.
- Dissent and appoint their own surveyor. The two surveyors make the award together and select a third surveyor to settle anything they cannot agree.
For work to a party wall or an excavation, if the adjoining owner does not reply within 14 days, a dispute is treated as having arisen. The building owner can then ask them in writing to appoint a surveyor, and if they still have not done so after 10 days, the building owner can appoint a surveyor to act on their behalf.
What does a party wall award contain?
An award usually includes:
- a description of the work and the drawings it relates to
- when and how the work may be carried out, including working hours and protective measures
- a schedule of condition of the adjoining owner’s property, with photographs, recording its state before work starts
- arrangements for access, where the surveyors or builders need to enter the neighbour’s property
- how any damage caused by the work will be made good or compensated
- who pays the surveyors’ fees and any other costs
The schedule of condition protects both sides. If damage is alleged later, there is a dated record of what was there before the work began.
Agreed surveyor or two surveyors?
One agreed surveyor is usually quicker and cheaper, because only one surveyor’s fees are incurred. Two surveyors give each owner someone they have chosen themselves, which some neighbours prefer. Either way, a party wall surveyor’s duty is to apply the Act fairly, not to take the side of whoever appointed them.
The Act allows anyone who is not one of the owners to act as a surveyor, but most owners choose a surveyor with party wall experience. We act for building owners, for adjoining owners and as the agreed surveyor for both.
Who pays for a party wall award?
The building owner normally pays the reasonable costs of the award, including the adjoining owner’s surveyor’s fees, because the work is being done for their benefit. The surveyors decide who pays as part of the award, and costs can be shared differently where, for example, the work also benefits the neighbour or puts right a defect in the wall.
Fees depend on the scale and complexity of the work, how many neighbours are affected and whether one or two surveyors are appointed. Our guide to party wall surveyor costs explains what affects the fee. Tell us about your project and the neighbours affected, and we will give you a quote.
How long does the process take?
At least the notice period, two months for work to a party wall or one month for a boundary wall or an excavation, unless your neighbour agrees to a shorter time. How long the award takes after that depends on how quickly neighbours respond, whether the drawings are complete and how much the surveyors need to agree. Serve notice as soon as your drawings are ready.
Can you challenge a party wall award?
Either owner can appeal to the county court within 14 days of the award being served. After that, the award is conclusive. An appeal can be costly, so concerns are best raised with the surveyors before the award is made.
What if work starts without notice?
Starting notifiable work without serving notice is a breach of the Act. The adjoining owner can ask the court for an injunction to stop the work, and the building owner has no award to rely on if damage is alleged later. If this has happened, a surveyor can help put the process back on a proper footing.
Party wall award: frequently asked questions
Do I need a party wall award for a loft conversion?
You need to serve notice if the work involves cutting into the party wall, for example to support new beams, which most loft conversions in terraced and semi-detached houses do. You only need an award if your neighbour does not consent in writing.
Is a party wall award the same as planning permission or building regulations approval?
No. They are separate. Planning permission and building regulations deal with whether the work is allowed and built safely; the Party Wall Act deals with the rights of the neighbours on either side.
Can one surveyor act for both of us?
Yes. If both owners agree, a single agreed surveyor can make the award, which usually keeps costs down.
What happens if the work damages my neighbour’s property?
The building owner must make good or pay compensation for damage caused by the work. The schedule of condition in the award is the record used to judge whether damage was caused.
Does the Act apply in Scotland or Northern Ireland?
No. The Party Wall etc. Act 1996 applies in England and Wales only.
Get help with a party wall matter
Whether you are planning work or have received a notice from a neighbour, tell us about the property and the work, and we will explain what is needed and give you a quote.
