When an Award is needed
An Award is needed whenever a dispute arises or is deemed to arise: the neighbour dissents from a section 3 or section 6 notice, or does not consent within 14 days (s.5, s.6(7)), or a dispute arises under section 1 (s.1(8)). It is also used to settle later disputes, for example about damage or costs, even where the neighbour originally consented. If the neighbour consents in writing, no Award is needed.
Who makes it
Either an Agreed Surveyor acting alone, or the three surveyors or any two of them (s.10(10)). In a two-surveyor case, the two party-appointed surveyors normally agree and sign it; the third surveyor makes an Award only if called upon (s.10(11)). The surveyors can only settle matters “connected with any work to which this Act relates” and in dispute between the owners. They cannot decide boundary disputes or planning matters.
What a typical domestic Award contains
| Part of the Award | What it does |
|---|---|
| Recitals | Names the owners and properties, the notices served, the dispute and the surveyors appointed |
| Description of works | Defines exactly what the building owner may do, by reference to drawings |
| Drawings and details | Architect’s and engineer’s drawings and calculations, which the work must follow (s.7(5)) |
| Schedule of Condition | The record of the neighbour’s property, annexed |
| Method and protection | How critical elements are done (e.g. hand-cutting pockets, temporary support, roof weathering, dust and debris protection) |
| Time and manner | Working hours, noisy-work restrictions, sequence, completion within a reasonable time |
| Access | Arrangements for entry under s.8 if needed |
| Making good | Duty to make good damage, or pay in lieu (s.11(8)); compensation for loss (s.7(2)) |
| Security | Any security for expenses agreed or determined (s.12) |
| Inspections | Surveyors’ right of access to check the work (s.8(5)) |
| Costs | Who pays the surveyors’ reasonable costs (s.10(13)), normally the building owner |
Timing rules built into the Act
Any period the Award sets for executing work does not begin to run until the statutory notice period has expired, unless the owners agree otherwise (s.10(12)). So an Award made quickly does not by itself let work start before the two months (or one month) are up.
Service
Where the party-appointed surveyors make the Award, they serve it on the owners “forthwith” (s.10(14)). An Award made by the third surveyor is served after payment of the costs of the Award (s.10(15)). The date of service matters, because the 14-day appeal period runs from it.
How binding is it?
The Award is conclusive and cannot be questioned in any court except by the statutory appeal (s.10(16)). Either owner may appeal to the county court within 14 days beginning with the day the Award is served on them; the court may rescind or modify it and make an order about costs (s.10(17)). Appeals are uncommon and should not be started without proper advice, because costs can quickly exceed the issue in dispute. See appealing a Party Wall Award.
An Award can be invalid if the surveyors had no jurisdiction: for example, if the notice was defective, an appointment was not properly made, or the Award strays into matters the Act does not cover. That is why the paperwork leading up to the Award matters.
Changes after the Award
Sites change. If the building owner needs to vary the work, for example a different beam position, the change must be agreed between the owners or their surveyors, or determined by the surveyors (s.7(5)). This is usually done by an addendum Award. Work that falls outside both the notice and the Award may need a fresh notice.
Worked example: what the Award does in practice
Illustrative only. The Award for Jack’s kitchen knock-through with a beam into the party wall sets out the engineer’s beam and padstone details; requires pockets to be cut by hand or with non-percussive tools; limits drilling into the party wall to 8am to 5pm on weekdays; requires dust sheets on the neighbour’s side during cutting; annexes the Schedule of Condition; provides for a final inspection; and orders Jack to pay the surveyor’s fee. When a hairline crack appears above the neighbour’s kitchen door, the surveyor compares it with the Schedule, confirms it is new, and the neighbour chooses a payment in lieu rather than having Jack’s builder return.
Award checklist for building owners
- Give the surveyor complete drawings and engineer’s details early.
- Share the Award with your builder before they start, and make sure they understand the working hours and method.
- Do not change the design without telling the surveyor.
- Keep the neighbour informed as work progresses.
- Arrange the final inspection promptly.
Our fee
An Award is £400 + VAT on its own, or part of our full package of notices, Schedule and Award at £899 + VAT (£999 + VAT in London). Acting as Agreed Surveyor is normally a £50 supplement, currently waived.
Awards for damage and other later disputes
An Award is not only made before work starts. If damage occurs during or after the works and the owners cannot agree what is owed, the surveyors already appointed can make a further Award determining whether the damage was caused by the notified work and what should be done. The adjoining owner can require the cost of making good to be determined and paid to them instead of having the builder do the repair (s.11(8)). The Schedule of Condition annexed to the original Award is the key evidence. Likewise, disputes over security for expenses (s.12), access (s.8) or deviations from the agreed plans (s.7(5)) can each be settled by Award.
What an Award cannot do
- Decide where the boundary is or who owns a wall.
- Authorise work that was not covered by a valid notice or does not fall within the Act.
- Grant planning permission or Building Regulations approval.
- Override other legal rights unconnected with the notified work, such as rights of light.
- Give a right to oversail the neighbour’s land with gutters or eaves.
Surveyors who stray outside their jurisdiction risk an invalid Award, which is why a careful surveyor keeps the Award tightly tied to the notice and the drawings.
Sources and further reading
- Party Wall etc. Act 1996, section 1: New building on line of junction (legislation.gov.uk)
- Party Wall etc. Act 1996, section 5: Disputes arising under sections 3 and 4 (legislation.gov.uk)
- Party Wall etc. Act 1996, section 6: Adjacent excavation and construction (legislation.gov.uk)
- Party Wall etc. Act 1996, section 7: Compensation etc. (legislation.gov.uk)
- Party Wall etc. Act 1996, section 8: Rights of entry (legislation.gov.uk)
- Party Wall etc. Act 1996, section 10: Resolution of disputes (legislation.gov.uk)
- Party Wall etc. Act 1996, section 11: Expenses (legislation.gov.uk)
- Party Wall etc. Act 1996, section 12: Security for expenses (legislation.gov.uk)
- GOV.UK: The Party Wall etc. Act 1996 explanatory booklet
- GOV.UK: Party walls and building work
- Faculty of Party Wall Surveyors (FPWS)
Section references are to the Party Wall etc. Act 1996 as it applies in England and Wales, checked against legislation.gov.uk. This guide is general professional guidance, not legal advice; every project should be assessed on its own drawings.
- Party wall notices for building owners
- Fixed fees: party wall agreement cost
- Do I need a party wall agreement? (1-minute check)
Areas we cover include Party Wall Agreement Surrey · Party Wall Agreement Sussex · Party Wall Agreement Birmingham and more.
Sources: Party Wall etc. Act 1996 (legislation.gov.uk) · The Party Wall etc. Act 1996: explanatory booklet (GOV.UK) · Faculty of Party Wall Surveyors (FPWS). Last reviewed 27 October 2026. General guidance on the law in England and Wales, not legal advice.