Latest blog posts

What Happens Upon Completion of Party Wall Works?

Saturday, 25th November 2023 | by: Justin Burns

I’ve said many times during this series of posts covering party wall procedures that the Award is the document that resolves the dispute which arose when the notice(s) were dissented to so, as far as the surveyors are concerned, should that not be the end of the matter? Not always. Section 10 of the Act, the Section that deals with the ... Read more >>

Designing to Avoid the Party Wall Act

Saturday, 11th November 2023 | by: Justin Burns

Owners wishing to extend or alter their home often see the Party Wall Act as a bit of a headache or an opportunity for the neighbours to interfere with their plans.  The Act is actually designed to facilitate building works by conveying rights on owners allowing them execute certain works but sometimes it doesn't feel like that to an owner who ... Read more >>

Further Awards and The Party Wall Act

Saturday, 28th October 2023 | by: Justin Burns

If you’re familiar with party wall procedures you’ll know that the award is the document produced by the surveyor(s) to resolve the dispute which arose when an adjoining owner dissented to the notice(s) but that's not always the end of the story. The 6th Edition of the RICS template award included a clause stating that the surveyors ... Read more >>

What to do when not all the Works are covered by the Act

Saturday, 14th October 2023 | by: Justin Burns

Party wall procedures are built around a sequence laid down in the Act - the proposed work must one of the rights provided within the Act, those works must be formally notified to any affected adjoining owners and if the notices are dissented to, surveyors must be appointed to draw up an award authorising the works. Occasionally a building ... Read more >>

Working hours and the Party Wall Act

Saturday, 30th September 2023 | by: Justin Burns

Section 10(12) of the Party Wall etc. Act 1996 confirms that an award may cover the ‘time and manner of executing any work’. As one of the key principles of the Act is to avoid adjoining owners suffering unnecessary inconvenience, it is logical that the appointed surveyor(s) should have this power. This is the relevant clause from the RICS ... Read more >>

Reserving Issues in a Party Wall Award

Saturday, 16th September 2023 | by: Justin Burns

In an ideal world the appointed surveyors would have all the information they require available and be in a position to cover all aspects of the work in detail in the award but there are situations where that is either not possible or pragmatic. We refer to these as ‘reserved matters’ i.e. a matter where some additional information is required ... Read more >>

Signing and Serving Party Wall Awards

Saturday, 2nd September 2023 | by: Justin Burns

When a party wall award has been agreed it should be served on the owners without delay, or ‘forthwith’ as the authors of the Act put it, but how does that happen in practice? Until section 15 of the Act was amended by the Electronic Communications Act in 2016, all awards were generally served either by post or in person. The typical ... Read more >>

Schedules of Condition for Party Wall Awards

Monday, 21st August 2023 | by: Justin Burns

The next step in the party wall process after surveyors (or an Agreed Surveyor) have been appointed is the recording of the condition of the adjoining owner’s property; referred to as a schedule of condition. This is not part of the formal process, as in it’s not referred to anywhere within the Act, but it is routinely done and could prove ... Read more >>

What is a Party Wall Award?

Monday, 7th August 2023 | by: Justin Burns

To understand the purpose of a party wall award it's necessary to take a step back and appreciate where it fits within the procedures set out in the Act. Where a party wall notice has been served and has not been consented to by the affected adjoining owner a dispute arises. Both the building owner and the adjoining owner must appoint a surveyor ... Read more >>

The Appointment of Separate Party Wall Surveyors

Monday, 10th July 2023 | by: Justin Burns

It’s the response that most worries owners notifying their neighbours of works falling under the Party Wall Act - not only a dissent but the appointment of a separate surveyor. I know of a couple of examples where a building owner has simply cancelled their works as a result, which seems extreme, but the loss of control really does seem to ... Read more >>

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