Party Wall Awards for London Victorian Terraces: What They Are and How They Work

A PARTY WALL AWARD IS A LEGALLY BINDING WRITTEN AGREEMENT (A FORMAL DOCUMENT — ALSO CALLED A PARTY WALL AGREEMENT IN COMMON USAGE ALTHOUGH THE STATUTORY TERM IS AWARD) PRODUCED BY ONE OR TWO PARTY WALL SURVEYORS APPOINTED UNDER THE PARTY WALL ETC. ACT 1996 — THE ACT GOVERNS THE RIGHTS AND OBLIGATIONS OF PROPERTY OWNERS IN ENGLAND AND WALES WHEN CARRYING OUT WORKS THAT AFFECT A SHARED (PARTY) WALL, BOUNDARY, OR EXCAVATION NEAR A NEIGHBOURING PROPERTY.

WHEN IS A PARTY WALL AWARD LEGALLY REQUIRED? A PARTY WALL AWARD IS REQUIRED WHEN ALL OF THE FOLLOWING ARE TRUE: (1) THE WORKS FALL WITHIN ONE OR MORE OF THE NOTIFIABLE CATEGORIES UNDER THE PARTY WALL ETC. ACT 1996 (SECTION 1 — NEW WALL ON OR ASTRIDE THE BOUNDARY; SECTION 2 — WORKS TO AN EXISTING PARTY STRUCTURE (PARTY WALL, PARTY FENCE WALL, PARTY FLOOR, OR PARTY CEILING); SECTION 6 — EXCAVATION WITHIN 3M OF A NEIGHBOURING BUILDING'S FOUNDATIONS TO A GREATER DEPTH THAN THE NEIGHBOUR'S FOUNDATIONS, OR WITHIN 6M FOR CERTAIN DEEPER EXCAVATIONS — THE DISTANCE BEING MEASURED FROM ANY PART OF THE NEIGHBOURING BUILDING OR STRUCTURE); (2) THE BUILDING OWNER (THE PERSON CARRYING OUT THE WORKS — THE NOTIFYING PARTY) HAS SERVED A VALID PARTY WALL NOTICE ON THE ADJOINING OWNER(S) (THE NEIGHBOURING PROPERTY OWNERS SHARING THE PARTY WALL OR WITHIN THE EXCAVATION DISTANCE) IN THE CORRECT FORM AND WITHIN THE CORRECT NOTICE PERIOD; AND (3) THE ADJOINING OWNER HAS EITHER (A) DISSENTED FROM THE NOTICE (FORMALLY DECLINED TO GIVE WRITTEN CONSENT) — IN WHICH CASE THE DISPUTE RESOLUTION PROCEDURE UNDER SECTION 10 OF THE ACT IS TRIGGERED AND PARTY WALL SURVEYORS ARE APPOINTED AND AN AWARD IS REQUIRED; OR (B) FAILED TO RESPOND WITHIN 14 DAYS OF SERVICE OF THE NOTICE (SECTION 2 NOTICE) OR 10 DAYS (SECTION 6 NOTICE) — IN WHICH CASE THE ADJOINING OWNER IS DEEMED IN DISPUTE AND SECTION 10 PROCEDURE IS TRIGGERED. IMPORTANTLY: WHERE THE ADJOINING OWNER CONSENTS IN WRITING TO THE WORKS (SIGNS AND RETURNS THE CONSENT FORM ON THE NOTICE) — NO PARTY WALL AWARD IS REQUIRED — THE WORKS CAN PROCEED WITHOUT AN AWARD — HOWEVER THE PARTY WALL ACT STILL APPLIES AND THE BUILDING OWNER REMAINS LIABLE FOR ANY DAMAGE CAUSED TO THE NEIGHBOURING PROPERTY.

UNDER THE PARTY WALL ETC. ACT 1996, THERE ARE THREE TYPES OF NOTICE THAT A BUILDING OWNER MUST SERVE ON ADJOINING OWNERS — EACH WITH ITS OWN MINIMUM NOTICE PERIOD AND WORKS CATEGORY.

SECTION 1 NOTICE (ALSO CALLED A BUILDING ON THE BOUNDARY NOTICE OR LINE OF JUNCTION NOTICE): APPLICABLE WORKS: BUILDING A NEW WALL ON THE LINE OF JUNCTION (THE BOUNDARY BETWEEN TWO PROPERTIES) OR ASTRIDE IT (STRADDLING THE BOUNDARY) — FOR EXAMPLE: A NEW GARDEN WALL BUILT ON OR ALONG THE PROPERTY BOUNDARY — A NEW GARDEN OFFICE OR OUTBUILDING BUILT ON THE BOUNDARY; MINIMUM NOTICE PERIOD: 1 MONTH BEFORE WORKS COMMENCE; SECTION 2 NOTICE (ALSO CALLED A PARTY STRUCTURE NOTICE): APPLICABLE WORKS: WORKS TO AN EXISTING PARTY WALL, PARTY FENCE WALL, PARTY FLOOR, OR PARTY CEILING THAT IS SHARED BETWEEN TWO PROPERTIES — INCLUDING: UNDERPINNING OR RAISING THE PARTY WALL (SECTION 2(2)(A)); DEMOLISHING AND REBUILDING THE PARTY WALL (SECTION 2(2)(B)); CUTTING INTO THE PARTY WALL TO INSERT A DAMP-PROOF COURSE (SECTION 2(2)(C)); EXPOSING A PARTY WALL BY REMOVING ADJOINING STRUCTURES (SECTION 2(2)(D)); CUTTING INTO THE PARTY WALL TO INSERT A STEEL BEAM (SECTION 2(2)(E) — FOR EXAMPLE WHERE A STRUCTURAL STEEL BEAM FOR A REAR EXTENSION BEARS ON THE PARTY WALL AT EACH END — THE POCKET HOLES FOR THE STEEL BEAM ENDS ARE CUT INTO THE PARTY WALL); REMOVING CHIMNEY BREAST AFFECTING A PARTY CHIMNEY (SECTION 2(2)(F)); MINIMUM NOTICE PERIOD: 2 MONTHS BEFORE WORKS COMMENCE; SECTION 6 NOTICE (ALSO CALLED AN EXCAVATION NOTICE OR ADJACENT EXCAVATION NOTICE): APPLICABLE WORKS: EXCAVATION WITHIN 3M OF THE NEIGHBOURING BUILDING'S FOOTPRINT TO A DEPTH LOWER THAN THE BOTTOM OF THE ADJOINING OWNER'S FOUNDATIONS — OR WITHIN 6M WHERE A LINE DRAWN DOWNWARD FROM THE BOTTOM OF THE EXCAVATION AT 45° WOULD INTERSECT THE BOTTOM OF THE ADJOINING OWNER'S FOUNDATIONS; EXAMPLES: REAR EXTENSION FOUNDATIONS WITHIN 3M OF THE NEIGHBOUR'S ORIGINAL REAR WALL; BASEMENT OR CELLAR CONVERSION EXCAVATION WITHIN 3-6M OF THE PARTY WALL FOUNDATIONS; MINIMUM NOTICE PERIOD: 1 MONTH BEFORE EXCAVATION COMMENCES.

WHEN AN ADJOINING OWNER DISSENTS (FORMALLY OBJECTS) TO A PARTY WALL NOTICE, OR FAILS TO RESPOND WITHIN THE STATUTORY PERIOD, THE SECTION 10 PROCEDURE IS TRIGGERED AND PARTY WALL SURVEYORS MUST BE APPOINTED TO PRODUCE A PARTY WALL AWARD.

AGREED SURVEYOR PROCEDURE (SECTION 10(1)(B) — THE SIMPLEST AND MOST COST-EFFECTIVE PROCEDURE): BOTH THE BUILDING OWNER AND THE ADJOINING OWNER JOINTLY APPOINT A SINGLE PARTY WALL SURVEYOR — CALLED THE AGREED SURVEYOR — WHO ACTS FOR BOTH PARTIES IMPARTIALLY; THE AGREED SURVEYOR PREPARES THE SCHEDULE OF CONDITION AND THE PARTY WALL AWARD — WHICH BOTH PARTIES ARE BOUND BY; COST: ONE SURVEYOR'S FEES (LOWER TOTAL COST THAN TWO SURVEYOR PROCEDURE) — TYPICALLY £700-1,800 (TOTAL — FOR A STRAIGHTFORWARD AWARD — DEPENDS ON COMPLEXITY); RECOMMENDED WHERE: THE WORKS ARE STRAIGHTFORWARD — THE NEIGHBOURS ARE ON AMICABLE TERMS — BOTH PARTIES TRUST THE SELECTED SURVEYOR; NOTE: IF EITHER PARTY IS NOT COMFORTABLE WITH THE AGREED SURVEYOR ARRANGEMENT, EITHER PARTY CAN REQUEST THE TWO-SURVEYOR PROCEDURE AT ANY TIME BEFORE THE AWARD IS MADE. TWO-SURVEYOR PROCEDURE (SECTION 10(1)(A) — THE MORE COMMON PROCEDURE IN LONDON WHERE NEIGHBOURS ARE NOT ON CLOSE TERMS OR WHERE WORKS ARE COMPLEX): THE BUILDING OWNER APPOINTS THEIR OWN PARTY WALL SURVEYOR (THE BUILDING OWNER'S SURVEYOR) AND THE ADJOINING OWNER APPOINTS THEIR OWN PARTY WALL SURVEYOR (THE ADJOINING OWNER'S SURVEYOR) — THE TWO SURVEYORS THEN NEGOTIATE AND AGREE THE TERMS OF THE PARTY WALL AWARD; WHERE THE TWO APPOINTED SURVEYORS CANNOT AGREE: THEY APPOINT A THIRD SURVEYOR (A THIRD INDEPENDENT SURVEYOR — AGREED BETWEEN THE TWO SURVEYORS AT THE START OF THE PROCEDURE — WHOSE ROLE IS TO DETERMINE ANY DISPUTED MATTER); COST: TWO SETS OF SURVEYOR FEES — TYPICALLY £1,200-3,000 TOTAL (EACH SURVEYOR'S FEE — BOTH TYPICALLY PAID BY THE BUILDING OWNER, I.E. THE PERSON DOING THE WORKS, UNLESS THE AWARD ALLOCATES COSTS DIFFERENTLY OR THE ADJOINING OWNER HAS MADE UNREASONABLE REQUESTS THAT INCREASED COSTS); NOTE ON ADJOINING OWNER'S SURVEYOR FEES: THE BUILDING OWNER PAYS THE ADJOINING OWNER'S SURVEYOR'S REASONABLE FEES (AS ASSESSED BY THE SURVEYORS) — THIS IS A SIGNIFICANT COST THAT BUILDING OWNERS IN LONDON FREQUENTLY UNDERESTIMATE — BUDGET FOR AT LEAST £600-1,400 FOR THE ADJOINING OWNER'S SURVEYOR'S FEES IN ADDITION TO YOUR OWN SURVEYOR'S FEES.

A PARTY WALL AWARD IS A FORMAL LEGAL DOCUMENT — PRODUCED BY THE PARTY WALL SURVEYOR(S) — THAT DEFINES THE RIGHTS AND OBLIGATIONS OF BOTH PARTIES IN RELATION TO THE NOTIFIABLE WORKS. IT IS LEGALLY BINDING ON BOTH THE BUILDING OWNER AND THE ADJOINING OWNER.

TYPICAL CONTENTS OF A PARTY WALL AWARD: (1) IDENTIFICATION OF THE PARTIES: NAMES AND ADDRESSES OF THE BUILDING OWNER (DOING THE WORKS) AND THE ADJOINING OWNER(S); (2) DESCRIPTION OF THE WORKS: A DETAILED DESCRIPTION OF THE PROPOSED WORKS — REFERENCED TO THE DRAWINGS/PLANS (TYPICALLY ARCHITECT'S DRAWINGS) THAT DEFINE THE SCOPE OF WORKS; (3) THE SCHEDULE OF CONDITION (ALSO CALLED THE CONDITION SURVEY OR SCHEDULE OF EXISTING CONDITIONS): A WRITTEN AND PHOTOGRAPHIC RECORD OF THE EXISTING CONDITION OF THE ADJOINING OWNER'S PROPERTY (INTERNAL AND EXTERNAL — WALLS, CEILINGS, FLOORS, CORNICES, ARCHITRAVES, EXISTING CRACKS AND DEFECTS) TAKEN BEFORE WORKS BEGIN — THE PURPOSE IS TO ESTABLISH A BASELINE SO THAT IF ANY DAMAGE IS LATER ALLEGED TO HAVE BEEN CAUSED BY THE BUILDING WORKS, IT CAN BE COMPARED WITH THE PRE-WORKS CONDITION; THE SCHEDULE OF CONDITION IS EXTREMELY IMPORTANT — IT IS THE PRIMARY EVIDENCE IN ANY LATER DISPUTE ABOUT DAMAGE CAUSED BY THE BUILDING WORKS; (4) WORKING HOURS RESTRICTIONS: THE PERMITTED HOURS DURING WHICH NOTIFIABLE WORKS MAY BE CARRIED OUT — TYPICALLY ALIGNED WITH THE LOCAL AUTHORITY'S PERMITTED WORKING HOURS UNDER THE CONTROL OF POLLUTION ACT 1974 (GENERALLY MONDAY-FRIDAY 8AM-6PM AND SATURDAY 8AM-1PM — NO WORK ON SUNDAYS OR BANK HOLIDAYS FOR NOISE-GENERATING WORKS); (5) PROTECTION OF ADJOINING OWNER'S PROPERTY: REQUIREMENTS TO PROTECT THE ADJOINING OWNER'S PROPERTY DURING CONSTRUCTION — FOR EXAMPLE: TEMPORARY WEATHER PROTECTION WHERE PARTY WALL IS EXPOSED; TEMPORARY SUPPORT OF PARTY WALL DURING STRUCTURAL WORKS; MAKING GOOD OF ALL SURFACES DISTURBED BY THE WORKS; (6) THE BUILDING OWNER'S OBLIGATIONS TO MAKE GOOD: THE AWARD WILL SPECIFY THAT THE BUILDING OWNER MUST MAKE GOOD (REPAIR TO ORIGINAL CONDITION) ANY DAMAGE CAUSED TO THE ADJOINING OWNER'S PROPERTY AS A RESULT OF THE NOTIFIABLE WORKS; (7) ACCESS RIGHTS: CONFIRMS THE BUILDING OWNER'S RIGHT OF ACCESS TO THE ADJOINING OWNER'S PROPERTY (UNDER SECTION 8 OF THE ACT — THE BUILDING OWNER AND THEIR WORKERS HAVE A STATUTORY RIGHT OF ACCESS TO ADJOINING LAND FOR THE PURPOSE OF CARRYING OUT NOTIFIABLE WORKS — SUBJECT TO GIVING 14 DAYS' NOTICE).

PARTY WALL AWARD TIMESCALES AND COSTS (LONDON 2025 — TYPICAL RANGES FOR A STANDARD RESIDENTIAL LOFT CONVERSION, REAR EXTENSION, OR SIMILAR PROJECT IN A LONDON VICTORIAN TERRACE — SHARING ONE OR TWO PARTY WALLS).

TIMESCALES: NOTICE PERIOD AFTER SERVICE OF SECTION 2 NOTICE: 2 MONTHS MINIMUM (CANNOT START NOTIFIABLE WORKS UNTIL 2 MONTHS AFTER THE SECTION 2 NOTICE WAS SERVED — OR THE ADJOINING OWNER HAS CONSENTED IN WRITING BEFORE THE 2 MONTHS EXPIRES — BUILDING OWNERS FREQUENTLY UNDERESTIMATE THIS LEAD TIME AND SUFFER PROGRAMME DELAYS AS A RESULT); SECTION 6 NOTICE PERIOD: 1 MONTH MINIMUM; AFTER DISSENT (SURVEYOR APPOINTMENT TO AWARD PRODUCTION): TYPICALLY 4-10 WEEKS (FROM APPOINTMENT OF SURVEYOR TO AWARD BEING MADE — DEPENDING ON COMPLEXITY OF WORKS, COOPERATION OF ADJOINING OWNER, AND COMPLEXITY OF SCHEDULE OF CONDITION); IN A COMPLEX CASE (E.G. BASEMENT CONVERSION — STRUCTURAL ENGINEER CALCULATIONS REQUIRED — ADJOIN OWNER UNREASONABLE — THIRD SURVEYOR INVOLVEMENT): THE PARTY WALL PROCESS CAN TAKE 4-6 MONTHS FROM FIRST NOTICE TO AWARD; TOTAL PROGRAMME ADDITION COMPARED WITH NO PARTY WALL ISSUES: 2-6 MONTHS IN TOTAL IS A REALISTIC PLANNING ASSUMPTION FOR A LONDON VICTORIAN TERRACE PROJECT INVOLVING PARTY WALLS — PLAN ACCORDINGLY.

COSTS: PARTY WALL SURVEYOR FEES (LONDON 2025 — PER PARTY WALL — APPROXIMATE — PER ADJOINING OWNER SIDE): BUILDING OWNER'S SURVEYOR (YOUR SURVEYOR): £600-1,500 (STRAIGHTFORWARD AWARD — SECTION 2 — ONE ADJOINING PROPERTY); ADJOINING OWNER'S SURVEYOR (PAID BY THE BUILDING OWNER): £600-1,400 (STRAIGHTFORWARD AWARD — ONE ADJOINING PROPERTY — SOMETIMES HIGHER WHERE THE ADJOINING OWNER APPOINTS AN EXPENSIVE SURVEYOR AND THE BUILDING OWNER HAS LITTLE CONTROL OVER THIS COST); SCHEDULE OF CONDITION (INCLUDED IN SURVEYOR FEES ABOVE OR CHARGED SEPARATELY — IF SEPARATELY): £200-600 (PER PROPERTY INSPECTED); THIRD SURVEYOR (IN CASES OF DISPUTE BETWEEN THE TWO APPOINTED SURVEYORS): £150-300 PER HOUR (RARE — MOST PARTY WALL AWARDS ARE AGREED WITHOUT THIRD SURVEYOR INVOLVEMENT); TOTAL PARTY WALL AWARD COST (LONDON VICTORIAN TERRACE — TYPICAL MID-TERRACE WITH 2 ADJOINING PROPERTIES — REAR EXTENSION OR LOFT CONVERSION — TWO SURVEYOR PROCEDURE ON BOTH SIDES): APPROXIMATELY £1,800-5,000 (FOR BOTH SIDES COMBINED — BUILDING OWNER PAYS ALL COSTS — INCLUDING BOTH ADJOINING OWNERS' SURVEYORS).