Can Building Work Start Before the Award is Finalised?

Any works covered by the Party Wall Acts should not begin before you have reached an agreement with your neighbour (and make sure it’s in writing).

Typically, when consent is given during the process, the notice usually includes a phrase stating that the building owner can commence work straight away.

However, construction is delayed when there is dissent, in which the building owner should wait for an award to be served and for the notice period to expire.

It all depends on consent

Building work can start before a Party Wall is finalised, depending on whether the adjoining owners consent. If the owners have consented, the notice typically states that the building owner can start work immediately.

In the case of adjoining owners dissenting, the building owner is required to wait for the award to be served and for the notice period to expire, which is usually 1 month for section 1 and 6 works and 2 months for section 2 works. In cases where the award is served before the notice period ends, the building owner is permitted to start work before the end if they have written consent from the neighbour.

Key Takeaways

Offer: We advise on whether building work can start before a Party Wall Award is finalised, and we help keep the project compliant under the Party Wall etc. Act 1996.
Scope: We explain that work can only start early where adjoining owners explicitly consent in writing; where there’s dissent, we require an Award and the notice period to be satisfied (unless written consent allows earlier start).
Process: We work to the key timelines: neighbours have 14 days to respond; notice periods are typically 1 month (sections 1 & 6) or 2 months (section 2); once an Award is served, work must start within one year.

FAQs

What is the party wall process timeline?

The party wall process kicks off when the building owners serve a formal notice to the neighbours, who have 14 days to respond.

If there are no disputes, the party wall process can be wrapped up swiftly and neatly, and once a surveyor issues an Award, the building owner must start work within one year of receiving it.

What happens if work is started without a Party Wall Award or consent?

Suppose construction begins without a Party Wall Award or consent.

In that case, the building owner might be liable for litigation costs under the Party Wall Act Compensation, and the continuation of work might be halted or delayed.

On top of this, no Schedule of Condition would likely have been taken, so if construction work has progressed significantly, it will be up to the building owner to prove that the works caused no damage and that any damage was pre-existing.

Guide to Party Wall Disputes

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