A Party Wall Award is the document produced by the two party wall surveyors (or the “agreed surveyor”) acting for the respective owners.

It will usually consist of three parts:

1. The award itself i.e. a set of guidelines governing how the proposed works should progress 
   
   
2. A “schedule of condition” of the adjoining property, often supported by a set of photographs 
   
   
3. Drawing(s) showing the details of the proposed works 

The award will normally be based upon a draft document, the most popular of which is produced by the RICS, which is then amended according to the details of the specific work. It should clearly state details of the two properties, their owners and their owners' addresses. It should also contain full details of the two surveyors (or agreed surveyor) and the “Third Surveyor” (if an “agreed surveyor” is used there will be no Third Surveyor).

Other items covered include:

• Brief details of the proposed works
  
  
• Working hours; normally 8am to 5.30pm weekdays only of residential work
  
  
• Assurances regarding the contractor’s public liability insurance
  
  
• Indemnities by the building owner in favour of the adjoining owner
  
  
• Access arrangement for the surveyors
   
• A time limit for commencement of the works, usually 12 months
  
  
• The adjoining owner’s surveyor’s fee

Once the award has been agreed between the two surveyors it is “published”. In practical terms this means that a signed and witnessed copy is sent to the two owners by their appointed surveyors. Although there is a 14 day right of appeal if either owner believes the award to have been improperly drawn up the award this is seldom observed.

An additional copy of the award is given to the building owner to be passed on to their contractor.

If you wish to discuss Party Wall Matters in more detail, or for further information on any of our professional services please don’t hesitate to get in touch. We can be reached on 01342 833448 or by emailing This email address is being protected from spambots. You need JavaScript enabled to view it.. Alternatively, you can complete the enquiry form below and we will contact you immediately.

The document that is produced by the two appointed party wall surveyors (or the single “agreed surveyor”) is known as a Party Wall Award (or Party Wall Agreement) but even if you are entitled to one do you really need one?


For the building owner the Act:

Ensures that existing cracks and other defects to the adjoining property are recorded before the works commence.

Provides a right of access to the adjoining owner’s property to execute work in pursuance of the Act

For the adjoining owner the Act:

Allows the surveyors to control the times during which the notifiable work can be executed.

Includes provisions for dealing with damage without the need for a civil claim.

Provides assurances that their land or buildings will not be compromised during the course of the work.

Ensures that the works are carried out without unnecessary inconvenience.

Although the adjoining owner receives the greater number of benefits those received by the building owner can be very important, particularly in protecting themselves from spurious claims for damage. It is amazing how an adjoining owner will swear blind that the crack in their property never existed before all that banging started next door.

The only situations where the benefits gained from a party wall award do not outweigh the cost of preparing it is with minor works. Examples include re-pointing, renewal of flashings or the insertion of a damp proof courses. These are all tasks where technically a party wall notice should be served but the likelihood of significant damage to a neighbour’s property is minimal.

It should be remembered that just because an adjoining owner avoids a party wall dispute by consenting to minor party wall works the building owner’s responsibilities do not disappear. If there is a dispute between the owners later in the process, for instance over some alleged damage, surveyors may still be appointed to resolve it.

If you wish to discuss Party Wall Matters in more detail, or for further information on any of our professional services please don’t hesitate to get in touch. We can be reached on 01342 833448 or by emailing This email address is being protected from spambots. You need JavaScript enabled to view it.. Alternatively, you can complete the enquiry form below and we will contact you immediately.

The term "surveyor" is defined in the Party Wall etc. Act 1996 as any person who is not a party to the works. That rules out the possibility of an owner acting for themselves but anyone else is permitted to take an appointment. That includes whoever is overseeing the works on the owner’s behalf, be they surveyor or architect. The chosen person should have a good knowledge of construction, be well versed in party wall procedures and ideally have a relevant qualification. Popular choices include building surveyors and structural engineers.

The party wall surveyors (or the “Agreed Surveyor” if the two owners can concur in a single appointment) will prepare a document known as a “party wall award” (sometimes called a “party wall agreement”).This document sets out the owners’ rights and responsibilities in relation to how the work should proceed and covers items such as working hours, what happens in case of damage and access for the surveyor(s) during the course of the works.

If you think your neighbour is unlikely to consent to the planned works it is worth involving a party wall surveyor at an early stage. The process starts with the service of notice (although the writer suggests that an informal discussion with your neighbour before the notice drops through their door will help to smooth matters later). Although template notices are widely available it is worth remembering that if they do not contain all of the necessary information, or are not properly served, they will be invalid.

The most time consuming task that the party wall surveyor performs, prior to the work commencing, is the preparation of a schedule of condition of the adjoining owner’s property. It is essential that this is done accurately so that any subsequent damage can be properly attributed. If there are two surveyors this is prepared by the building owner’s surveyor and proofed by the adjoining owner’s surveyor.

An important point to remember is that once a surveyor is appointed under the Act, whether as the Agreed Surveyor or by either owner, they have a duty to act in an entirely impartial manner.

Once a Party Wall Surveyor has been appointed that appointment cannot be rescinded unless the surveyor in question declares himself incapable of acting or dies.

Finally we come to fees, under all normal circumstances these are paid by the building owner. It is difficult to talk in figures as they vary widely from job to job and surveyor to surveyor. Surveyors appointed by the building owner will normally quote a fixed fee whereas the adjoining owner’s surveyor will charge by the hour with contingencies for additional visits - the final figure is agreed and entered into the award just before it is served. 

If you wish to discuss Party Wall Matters in more detail, or for further information on any of our professional services please don’t hesitate to get in touch. We can be reached on 01342 833448 or by emailing This email address is being protected from spambots. You need JavaScript enabled to view it.. Alternatively, you can complete the enquiry form below and we will contact you immediately.

Notifiable works will fall in to one of three categories. 

1. Work which has a direct effect on a party wall (or other party structure)
2. Excavation close to an Adjoining Owner’s Building
3. The construction of a new wall at the line of junction between two properties

1. Work which has a direct effect of a party wall (or other party structure).

The list of works which a Building Owner has the right to undertake which have a direct effect on a party wall are given under section 2(2). I have listed them below with some common examples:

(a) ‘To underpin, thicken or raise a party structure, a party fence wall, or an external wall which belongs to the building owner and is built against a party structure or party fence wall’ - This section allows a Building Owner to increase the height of a party wall, say, as part of a loft conversion or to add an extra floor to a building or to underpin the whole width of a party wall which has suffered from subsidence.

(b) ‘To make good, repair, or demolish and rebuild, a party structure or party fence wall in a case where such work is necessary on account of defect or want of repair of the structure or wall’ - Where a party wall has become defective either owner can take the initiative and serve notice to have it repaired or re-built. The costs of the work are split according to the use that the owners make of the wall and responsibility for the defect or lack of repair.

Sub-sections (c) & (d) can be ignored for works to residential properties.

(e) ‘To demolish a party structure which is of insufficient strength or height for the purposes of any intended building of the building owner and to rebuild it of sufficient strength or height for the said purposes (including rebuilding to a lesser height or thickness where the rebuilt structure is of sufficient strength and height for the purposes of any adjoining owner)’ - This right would only be exercised as a last resort as the costs would be considerable; including the payment of compensation to the Adjoining Owner for disturbance and inconvenience. Most designers/engineers would explore alternative options first.

(f) ‘To cut into a party structure for any purpose (which may be or include the purpose of inserting a damp proof course)’ - This right is most commonly exercised by a Building Owner cutting pockets in to a party wall to insert beams, either as part of loft conversion works or when internal walls are to be removed. It also covers the insertion of flashings and damp-proofing works which involve drilling or cutting in to the party wall.

(g) ‘To cut away from a party wall, party fence wall, external wall or boundary wall any footing or any projecting chimney breast, jamb or flue, or other projection on or over the land of the building owner in order to erect, raise or underpin any such wall or for any other purpose’ - This section covers the demolition of chimney breasts which are attached to a party wall but also gives the Building Owner the right to cut away other projections from the party wall, such as footings, if they are impeding his building work.

(h) ‘To cut away or demolish parts of any wall or building of an adjoining owner overhanging the land of the building owner or overhanging a party wall, to the extent that it is necessary to cut away or demolish the parts to enable a vertical wall to be erected or raised against the wall or building of the adjoining owner’ - In practice it will be items such as rainwater goods, soffits and fascias or coping stones which will be in the way of a Building Owner raising wanting to raise his wall . The Building Owner has a duty to make good any damage.

(j) ‘To cut into the wall of an adjoining owner’s building in order to insert a flashing or other weather-proofing of a wall erected against that wall’ - If a Building Owner constructs an extension alongside an Adjoining Owner’s existing extension it is likely that a small gap will remain. It would normally be in the interests of both owners to waterproof the gap with a flashing, if that flashing has to be cut in to the Adjoining Owner’s wall this section gives the Building Owner the right to do just that.

(k) ‘To execute any other necessary works incidental to the connection of a party structure with the premises adjoining it’ - In practical terms this section is only likely to be used in residential situations where a Building Owner wants to re-build his property but leave the party wall in place, it may then be necessary to form a more permanent connection between the party wall and the Adjoining Structure and to attach the new building to the existing party wall. 

(l) ‘To raise a party fence wall, or to raise such a wall for use as a party wall, and to demolish a party fence wall and rebuild it as a party fence wall or as a party wall’ - A party fence wall is effectively a garden wall which is in shared ownership – they are commonly found between period properties; particularly those with back additions which have windows to the side. This section gives either owner the right to raise or re-built such a wall as part of their new building.

(m) ‘Subject to the provisions of section 11(7), to reduce, or to demolish and rebuild, a party wall or party fence wall to -

(i)  a height of not less than two metres where the wall is not used by an adjoining owner

(ii) to any greater extent than a boundary wall; or a height currently enclosed upon by the building of an adjoining owner

This section allows a Building Owner to reduce the height of a party wall or a shared garden wall down to a height of no less than 2 metres so long as it doesn’t compromise the Adjoining Owner’s building. If both owners are in agreement a wall can be removed altogether.

(n) ‘To expose a party wall or party structure hitherto enclosed subject to providing adequate weathering’ - The purpose of this section is really to protect an Adjoining Owner where a Building Owner plans to remove part or all of his structure and as a result expose the party wall. It may be necessary to protect the newly exposed wall with felt and battens if the exposure is temporary or if it is to be permanent exposed a more permanent solution, such as rendering or re-pointing may be required.

The notice period for works under section 2 of the Act is 2 calendar months.

2. Excavation close to an Adjoining Owner’s Building.

It surprises many Building Owners that they must serve a notice on their neighbour even though the hole they plan to dig will be entirely on their own land. The reason of course is that excavating close to any structure carries a risk that the foundations to that structure will be compromised and movement will occur.

This type of work is covered by section 6 of the Act and can be divided in to two parts. Below I have given the relevant text from the act together with a sketch which I hope will clarify the description.

Section 6(1), where -

(a) a building owner proposes to excavate, or excavate for and erect a building or structure, within a distance of three metres measured horizontally from any part of a building or structure of an adjoining owner; and

(b) any part of the proposed excavation, building or structure will within those three metres extend to a lower level than the level of the bottom of the foundations of the building or structure of the adjoining owner. 

Section 6(2), where -

(a) a building owner proposes to excavate, or excavate for and erect a building or structure, within a distance of six metres measured horizontally from any part of a building or structure of an adjoining owner; and

(b) any part of the proposed excavation, building or structure will within those six metres meet a plane drawn downwards in the direction of the excavation, building or structure of the building owner at an angle of forty-five degrees to the horizontal from the line formed by the intersection of the plane of the level of the bottom of the foundations of the building or structure of the adjoining owner with the plane of the external face of the external wall of the building or structure of the adjoining owner.

The notice period for excavation work which comes within the scope of the Act is 1 calendar month.

3. The construction of a new wall at the line of junction between two properties.

This category covers the construction of new walls at the line of junction i.e. the boundary line between two properties in different ownership. The new wall may be built up to the boundary line but wholly on the land of the Building Owner or astride the boundary line i.e. with part of it on each owner’s side. If the Adjoining Owner refuses consent then the wall must be built wholly on the Building Owner’s side. The construction of new wall at the line of junction are covered under section 1 of the Act. 

There are two practical reasons why a Building Owner might want to carry out work detailed under this section of the Act:

1. To maximise the width of a rear extension.

If the flank walls of a new extension can be built astride the boundary then a few extra square feet of internal floor space will be gained. It should be noted that new walls built astride the boundary under this section of the Act will be defined as party walls and may be enclosed upon by the Adjoining Owner at a later stage (subject to serving notice and contributing towards the cost of building the wall).

2. To replace an existing boundary wall, fence or hedge with a party wall or party fence wall.

This is less common and the motivation will generally be to provide additional privacy or to overcome the maintenance that is required with fences and hedges.

The notice period for building a new wall at the line of junction is 1 calendar month. Procedures differ from works under sections 2 & 6 of the Act in that there is no automatic dissent to a notice after 14 days. If the wall which the Building Owner wishes to construct is wholly on his own land and he has had no response to his notice after 1 calendar month has passed he is free to proceed.

If you wish to discuss Party Wall Matters in more detail, or for further information on any of our professional services please don’t hesitate to get in touch. We can be reached on 01342 833448 or by emailing This email address is being protected from spambots. You need JavaScript enabled to view it.. Alternatively, you can complete the enquiry form below and we will contact you immediately.