GFA has had the opportunity to serve Awards for many clients and construction variations including basements, loft extensions, extensions and structural alterations to both residential and commercial projects with experience in various levels of organisational complexity.
Please don’t hesitate to contact us if you require help before or during your project. The Party Wall etc. Act 1996 can and does handle matters retrospectively should the process have escalated that far.
Party Wall Award
is a legally binding & documented decision between two parties under the Act, namely the Building Owner (the person/s carrying out the work) and the Adjoining Owner (the neighbour/s of the person/s carrying out the work). The Award/s is typically created by the Building Owner’s surveyor and then reviewed by the Adjoining Owner’s/’ surveyor/s, or created by the Building Owner’s surveyor as an Agreed surveyor.
The Award results from the adjoining owner’s disagreement (dissent) to the served Notice. Although disagreement is not always in the traditional sense, as it doesn’t stop the works taking place, rather it provides a safe means for those works to take place.
The Award will contain conditions upon which agreement has been reached while providing the Adjoining Owner with recourse should the Building Owner’s works damage their property. The award does this through the statutory authority of s 7 and s 10 of the Party Wall etc Act 1996. The award allows the allocation of compensation for consequential losses resulting from construction works such as to avoid contentious claims related to laws of trespass and nuisance found in the common law jurisdiction of England and Wales. The Party Wall Award offers a practical alternative to litigation to agree the progression of the development in a manner that is safe, structured and practicable. Conversely the Party Wall Award does not necessarily supersede consents and statutory mechanisms required for covenants & easements i.e. rights of way, land drainage, right to light and right to support of land as indicated in s 9 of the Party Wall etc. Act 1996 or rather some of the more arcane aspects of land and tort law.
Typically, a Schedule of Condition will accompany the Award. The Schedule of Condition is exactly that — it is a record of the condition of the Adjoining Owner’s property. Should damage have been perceived to be caused to the Adjoining Owner or neighbour’s property, the Schedule of Condition will enable the appointed surveyors to identify the degree of remoteness and proximity and therefore calculate any consequential losses. The Schedule of Condition provides the means by which the evidential burden can be realised by the appointed surveyors.
Award Appeal Period
An Adjoining Owner has 14 days from the date the Award was served to appeal it’s decision at their own expense in County Court. The Building Owner is at financial risk if they proceed with the works during this 14 day period.