The Process for Agreeing a Party Wall Award (as a Building Owner)

The Process for Agreeing a Party Wall Award (as a Building Owner)

Our Party Wall Surveyors have put together the following blog on the process of agreeing a Party Wall Award from the perspective of the building owner. The process of agreeing a Party Wall Award follows a strict process which is set out in The Party Wall Award etc. Act 1996. A commercial building surveyor should refer to all relevant parts of the Act when delivering a Party Wall instruction. There is also a number of helpful online resources to assist a commercial building surveyor, including RICS guidance. 

Under the Act a Building Owner is classed as the person/entity undertaking the works. All other parties are classed as the Adjoining Owner(s). 

Engage a Party Wall Surveyor 

The first thing that a client needs to do is to appoint a Party Wall Surveyor. They can find a surveyor either through existing commercial building surveying contacts or by searching ‘find a surveyor’ online. A commercial building surveyor will need to ensure that they are not conflicted and should make both parties aware if this is the case. 

Issue the correct Notice

At this stage the commercial building surveyor should, with the assistance of the Building Owner identify the relevant Adjoining Owner(s). An Adjoining Owner is someone/an entity who is affected by the Party Wall works and has an interest in the property, which is a year or more, so could be a landlord, tenant, freeholder etc. The commercial building surveyor can undertake a land registry search to assist with this. 

The commercial building surveyor will then need to draft the notices using the correct details/address of the Adjoining Owners which can differ to the address of the actual property affected. The commercial building surveyor should also ensure that they reference the correct part of the Act to indicate under which section the notice is being issues. It is often beneficial to include a copy of the appointment letter with the notices. 

Depending on the type of works, different notification periods are required before the works can commence and it is therefore important to provide sufficient time within any programme. 

Agree on the Third Surveyor

The third surveyor is referred to in the notices and responses. They do not need to be contacted as this stage, although if for any reason a dispute arises between the two appointed surveyors then they can refer to the third surveyor who acts in the manner of a mediator to decide on the correct way forward. 

Ensure you have a good consultant team and correct design information

A number of documents are required to support a Party Wall Award and therefore the project manager and client need to ensure that a project team are engaged to provide this information and support the Party Wall surveyor in agreeing the Award. Often the works will incorporate some level of architectural or structural alterations and therefore these consultants will need to be engaged to provide specifications of works, drawings, calculations etc. 

In addition to the consultant team a project manager needs to ensure that the appointed contractor is aware of the provisions of the Award as it can often implication locations of scaffold, working times, noise etc. 

Agree a schedule of condition

As part of the Award a schedule of condition will need to be drafted and agreed. The extent of the schedule of condition will very much depend on the scope of the works and may only cover a small section of a property or could cover the whole of the property. 

The schedule of condition should provide sufficient detail that it can be reviewed on completion of works to enable an assessment to be made as to whether any damage has resulted from the works. 

Agree the Party Wall Award

The Award should be drafted to reflect the scope of the proposed works. It is important to include a reference to the scope of works; timescales; restraints on access, noise etc.; confirmation of which Party is liable for the costs etc. Both surveyors will need to review and agree the Award. All relevant parties should be provided with a copy of the Award for their records. 

Ensure the Party Wall Award is complied with 

Throughout the works it is important that both the surveyors undertake regular visits to check the progress of the Party Wall Works and to ensure all aspects of the Award are being complied with. 

Final Check 

On completion of the works both Party Wall Surveyors should check the completed works and areas covered by the schedule of condition to ensure they are in accordance with the Award and that no damage has occurred to the retained structures. 

At Commercial Building Surveyors, we offer Party Wall Award Surveys in the following locations: Party Wall Surveyor Bristol, Party Wall Surveyor Manchester, Party Wall Surveyor Birmingham & Party Wall Surveyor London.