Party Wall Award FAQ's
What is a "party wall award" and is this different from having a survey undertaken of my property?
A "party wall award" is a legally binding document prepared by specialist "party wall surveyors”. It allows the building owner to undertake works at, or close to the party wall lawfully whilst safeguarding the rights of the adjoining owner. The "party wall award" determines how and when the party wall works are to be undertaken, states the precise nature of the party wall works in plain English, and sets in place procedures and obligations to protect both parties from potential damage or claims. As a part of the "party wall award" the party wall surveyors will generally examine and comment upon the drawings for the works.
In most cases the party wall surveyors will also attach a "schedule of condition" which is a written report of his/her survey of the relevant parts of the adjoining owner's property. The "schedule of condition" allows the party wall surveyors to return to the adjoining property after completion of the party wall works to verify and record any damage that may have occurred.
Although the party wall surveyor will try to keep the "party wall award" as simple as possible, it is a formal legal document and accordingly if you have difficulty understanding it then one of our specialist party wall advisors will be happy to go through the final "party wall award" with you to explain what it means.
Is there a difference between a "party wall award" and a "party wall agreement"?
Yes. But simply, a "party wall agreement" is only suitable where the person undertaking the building work and the neighbouring owner both agree to the work proceeding without the need to appoint surveyors. Generally an agreement would only be used for quite simple domestic extension projects as more complex work would usually be best dealt with by surveyors. An agreement can be useful where the adjoining neighbour is happy to consent to the work but would like a written agreement setting out how the work is to be carried out, the procedure for putting right any damage, and any other necessary safeguards.
A "party wall award" can be prepared for any type of work that is subject to the Party Wall Act. Unlike a party wall agreement, which is always arranged directly between neighbours, a party wall award is drafted by party wall surveyors who are formally appointed by each party. Generally a party wall award will be much more thorough than a simple agreement. The appointed party wall surveyors will look into the proposed works in detail, making recommendations and requesting further information from designers where necessary. If a neighbouring owner objects to the work, wishes to propose changes to the scheme, or requires a surveyor to be appointed to safeguard their interests then a party wall award is the only suitable option.
How long does it take to make a "party wall award"?
Our party wall surveyors can normally offer two types of service. Please note that if one of our party wall surveyors is acting on behalf of only one of the parties, we can only offer a standard service. In most cases, where two party wall surveyors from different companies are used, the "party wall award" will be produced within three to four weeks of the surveyors being appointed.
If our party wall surveyors are acting for both parties then our standard service time is usually ten to fourteen days. Our party wall surveyors can usually offer an express service (an extra charge will apply) to draft and serve the "party wall award" within three working days if required.
How much will a "party wall award" cost?
The cost of a "party wall award" can vary depending upon the type of work being proposed and the nature of the properties. We are usually able to offer a flat rate fee for straight forward domestic work if our surveyors are appointed by both parties. Our fee is currently £550 plus VAT per appointment (minimum of two appointments). For example, if you and one of your neighbours both appoint VBA surveyors (two appointments in total) then the cost would be £1100 plus VAT. If you and both of your neighbours were to appoint VBA surveyors (three appointments in total) then the cost would be £1650 plus VAT.
Where we are only appointed by one party (i.e. the other party appoints a surveyor from another company) then we charge on an hourly basis at £140 plus VAT per hour. In these circumstances our fees can range from £900 upwards, depending on the complexity of the case and the cooperativeness of the other parties involved.
How can I appoint a party wall surveyor?
Please complete our online contact form or telephone us and we will be pleased to send you a simple form to appoint a surveyor. All you have to do is complete the form and return this to us either using the envelope provided by us or fax/email it to our Head Office and we will do the rest for you.
Who pays for the "party wall award"?
In general the person wishing to undertake the work will normally pay all fees associated with the "party wall award". In some limited circumstances the adjoining neighbour may have to pay some of the fees. For instance if the neighbour will materially benefit from the work, or if they act very unreasonably, then they may be asked to pay some of the bill.
Vincent-Brown & Associates Limited do not provide advice on the suitability of any template for a particular usage or circumstance.