Blogs
Can a Retrospective Party Wall Award Be Agreed Without Notices Being Served?
Wednesday 8th January 2025
Carl O'Boyle BSc MRICS FCIOB MFPWS
In the world of property development and construction, adhering to the Party Wall etc. Act 1996 is crucial for maintaining good relations with neighbouring owners and ensuring compliance with legal obligations. However, there are situations where building owners proceed with works without serving the necessary notices under the Act. This often leads to the question: Can a retrospective party wall award be agreed when no notices have been served? In this blog, we at Tayross, expert party wall surveyors, explore this important topic and how such cases can be handled.
What is a Retrospective Party Wall Award?
A retrospective party wall award is an agreement that formalises the terms and conditions of party wall works after they have been completed. Normally, the process involves serving notices, appointing surveyors, and agreeing on an award before the works commence. However, if notices were not served and works have proceeded, a retrospective award may be sought to regularise the situation post-completion.
Is a Retrospective Award Legal?
Technically, the Party Wall etc. Act 1996 does not provide for retrospective awards because the process is intended to be preventive rather than corrective. The Act explicitly requires notices to be served before works start, giving adjoining owners an opportunity to respond and appoint surveyors if needed.
That said, retrospective agreements can still be achieved in practice, though they differ significantly from standard awards. In such cases, the building owner and adjoining owner may agree to appoint surveyors to inspect the works and prepare a report or memorandum confirming the condition of the affected structures and outlining any remedial measures required.
How Does a Retrospective Award Differ from a Normal Award?
Here are some key differences between a normal party wall award and a retrospective award:
Timing of the Agreement
Normal Award: The award is agreed upon before works commence, ensuring that all parties understand their rights and obligations.
Retrospective Award: The award is sought after works have already been completed, often in response to a dispute or concern from the adjoining owner.
Risk and Liability
Normal Award: Surveyors assess the potential risks and liabilities in advance, minimising disputes.
Retrospective Award: There is a higher risk of disputes, as any damage or issues caused by the works have already occurred and must be addressed.
Surveyor's Role
Normal Award: Surveyors are appointed to oversee the process, agree on working conditions, and prepare a schedule of condition.
Retrospective Award: Surveyors inspect the completed works and the condition of the adjoining property to assess whether any damage has occurred and recommend remedial actions if necessary.
Legal Standing
Normal Award: A normal party wall award is legally binding under the Act.
Retrospective Award: While not explicitly provided for under the Act, a retrospective award can be formalised as a legally binding agreement between the parties involved, helping to resolve disputes.
When Might a Retrospective Award Be Necessary?
Retrospective awards are typically sought in the following scenarios:
Unintended Oversight: The building owner was unaware of their obligations under the Party Wall etc. Act 1996 and proceeded without serving notices.
Emergency Works: Urgent works were required, and there was no time to serve notices or follow the formal process.
Neighbour's Concern Post-Works: The adjoining owner raises concerns or disputes after the works have been completed.
How Can Tayross Help?
At Tayross, we understand that situations involving unserved notices and retrospective awards can be complex and stressful for both building owners and adjoining owners. Our team of experienced party wall surveyors can assist by:
- Assessing the completed works and adjoining property for any damage.
- Facilitating discussions and negotiations between the parties.
- Preparing a formal report or memorandum to document the agreement.
- Providing expert advice on remedial actions if necessary.
While the best practice is always to follow the correct procedures under the Party Wall etc. Act 1996, we recognise that oversights happen. If you find yourself in a situation requiring a retrospective award, Tayross is here to guide you through the process and help resolve matters amicably.
Conclusion
Although the Party Wall etc. Act 1996 does not explicitly provide for retrospective awards, they can be agreed upon through negotiation and formalised by surveyors. Such agreements differ from standard awards in timing, risk management, and legal standing. If you have completed works without serving the required notices, don’t panic—Tayross can help you regularise the situation and protect your interests.
Need help with a party wall matter? Contact Tayross today for expert advice and services!
