How Soon Can We Start Party Wall Work Once the Party Wall Award is Agreed?

What do you mean by Part Wall?

A party wall is a structure on or near the boundary between neighbouring properties that are used, intended to be used, or access to nearby landowners to construct or maintain improvements on each of their properties. Unless there is a conflicting ordinance or agreement, each owner of adjacent property on which a party wall exists owns the portion of the wall on their land and has an easement, or right of use, in the other portion. A party wall is often maintained at a cost to both owners and typically sits on each owner’s property equally.

The Party Wall etc. Act 1996

The Party Wall Act 1996, which applies to properties in England and Wales, was created to forbid construction activity that would jeopardise the structural integrity of any party wall or neighbouring properties. It is possible to prevent arguments between neighbours using the Party Wall etc. Act 1996 and to assist in their resolution if they do occur.

In Scotland and Northern Ireland, where party wall disputes are resolved by common law, the Party Wall Act of 1996 is not applicable there.

What is a Party Wall Agreement?

One or more Party Wall Surveyors, acting on behalf of their separate appointing owners, create a legally binding document known as a Party Wall Agreement also known as a Party Wall Award.

Essentially, the Party Wall Agreement is created and served by either an Agreed Surveyor or two Party Wall Surveyors when a neighbouring owner disagrees with the Party Wall Notice they got from the building owner.

Both owners are legally protected by the Agreement, which also rules the building owner’s notifiable works and defines how they are to be done if something goes wrong, such as construction damage.

What does a Party Wall Agreement Contain?

The Party Wall Agreement typically consists of three primary sections:

• The agreement includes the terms pertinent to the works to be performed

• The Schedule of Condition Report

• Plans for the building, often shown as structural drawings

In addition to the three main sections of the agreement, several other clauses and details are always included, such as a description of the proposed work, a general time frame for completion, the permitted working hours, agreed-upon Party Wall Surveyor fees, and any access arrangements for the duration of the proposed work.

There are several accessible standard templates for Party Wall Agreements, but they do not all have the same provisions. Instead, they are frequently customised to the specific notifiable works performed on-site.

When can Start the Work Once the Award is Agreed upon?

While the Party Wall etc. Act 1996 does provide a 14-day period of time to appeal the Party Wall Award. Owners are not needed to wait until the end of the appeal process to start the renovation.

If you intend to appeal a Party Wall Award, I advise contacting the Party Wall Surveyor who served it and outlining your arguments for why you think the Award is incorrect. A Party Wall Surveyor will have the chance to reply as a result. It is strongly advised to have legal counsel before filing the appeal if, after reviewing the replies, you still think the Award is invalid.

If an appeal of an Award is successful, the owner may be held responsible for the building owner’s postponed construction expenditures if the appeal is unsuccessful.