We will prepare a Party Wall Award in the event that a dispute needs to be resolved under the Party Wall Act 1996.
- Resolve Party Wall Disputes
- Legally Binding Documents
- Next Steps for Adjoning Owner Dissent
- Agreement Awarded From 3 Weeks
Party Wall Agreements (Awards) in Surrey
Formally known as Party Wall Awards, Party Wall Agreements drawn up by surveyors are legally binding documents that aim to resolve any disputes under the Party Wall Act 1996. As a firm of boundary wall surveyors, we have years of experience negotiating hundreds of Party Wall Awards for properties, and developments across Surrey for projects like loft conversions, basement builds and maintenance.
So, if you have a party wall matter and want to discuss it with a surveyor specialising in this particular area, then you couldn’t have landed anywhere better. Call us on 01932 864375 for a free quote and impartial advice.
A Party Wall Agreement is a legally binding document prepared by party wall surveyors, which will outline and including details of party wall works, timelines and when they will take place. It will also notice any details to rights to compensation that may be awarded under the Act as a result of any damage caused by works.
A Party Wall Agreement is required when you have served a notice to your neighbour and they dissent (ignoring the notice is also deemed as dissent). This, then, triggers a process set out in the Act which requires each party to appoint a surveyor, who will prepare a party wall agreement.
You’ll need to notify adjoining owners of works falling under the Party Wall Act, which include:
- Digging within 3 meters of an adjacent building.
- Erecting new walls on the boundary with a neighbouring property.
- Building activities directly affecting a shared wall or structure, such as foundation reinforcement, beam insertion, or chimney breast removal.
A neighbour can refuse a Party Wall Agreement. When the Notice is issued, your neighbours have 14 days to respond. Failure to respond is also considered as dissent and an Agreement will need to be drawn up.
As Party Wall Agreements are legally binding documents, both parties must follow the instructions submitted. Failing to do so can lead to injunctions, or legal proceedings.
If you do not agree to the contents outlined in the agreement, then it can be appealed to the County Court within the first 14 days after it is served. Following this period is it binding on both parties.
Arrange a Free Consultation
- Mediating Disagreements
- Interest of All Parties Protected
- Neighbour Dispute Management
- Condition Reports & Building Surveys
It’s 100% recommended to serve a Party Wall Notice. Consult with our qualified surveyors and to determine whether any planned construction on a neighbouring wall or property requires an agreement.
Failing to obtain the necessary agreements often leads to disputes and legal issues with your neighbours that can result in delays and additional costs before you even get started.
See our Party Wall Resources for links to other Party Wall websites of interest.
Reaching an agreement with your neighbours
Once you’ve given notice, your neighbours have 14 days to do the following three options:
- Give consent in writing
- Refuse consent (initialising a dispute resolution process)
- Serve a counter notice (served within one month of initial notice)
Neighbours must respond to the notice. Building Owners should not assume that no response translates as an agreement of works. If there is no response, the dispute resolution process is unavoidable.
If you are planning to carry out works to the property, you’ll be responsible for paying for the work. In some cases, your neighbour can share the cost if the works are a result of defects or a lack of repair. Appointed surveyors can outlined who pays if you don’t agree.
The party wall process & how long it takes
The processes, framework and timescales for dealing with party wall matters.
The Act requires that the Building Owner serve a compliant Party Wall Notice to the affected Adjoining Owners. Party wall surveyors will prepare and serve the notices, where the notice period is typically 2 months for the party structure works and 1 month for a line of the junction and adjacent excavation works.
Once the neighbour/adjoining owner receives the notice they have 14 days to respond. The three options to respond are:
- Consent: Works proceed and another further is required. Although a Schedule of Condition is still recommended to avoid problems in the future.
- Dissent: In this instance, the adjoining owner often appoints their own surveyor, and we will both act together to agree on a Party Wall Award. Both surveyors acting impartially, will work together to serve the award so notifiable works can begin. In other instances, the adjoining owner can dissent but agree to share a single surveyor, where the 'Agreed Surveyor' again acts impartially on behalf of both owners to prepare the Party Wall Award (which is more common in relatively simple works).
If the adjoining owner does not respond after 14 days, they have been deemed to automatically dissent. This means a letter will be sent, giving them 10 days to appoint a surveyor before you appoint one on their behalf.
Once all surveyors have been appointed, we will undertake a Schedule of Condition of the adjoining property, which will record the property's condition before works start and protect you in the event of any damage occurring. Clear written and photographic records are taken.
Appointed surveyors will prepare a Party Wall Award, stipulating the timings and manner in which the notifiable works must take place.
Once the content of the award has been agreed upon, the surveyor(s) will sign it and serve it to both owners. If there are any problems with the content, it can be appealed to the County Court within 14 days, after which the award becomes legally binding for both parties.
Subject to no contests, the building owner can start works covered in the award.
