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Why It Is Not Standard Practice for an Adjoining Owner to See a Draft Party Wall Award Before Formal Service
Wednesday 19th February 2025
Carl O'Boyle BSc MRICS FCIOB MFPWS
The Party Wall etc. Act 1996 plays a crucial role in managing disputes between building owners and adjoining owners when construction work affects shared walls or boundaries. One common question that arises in this process is whether a draft Party Wall Award can be issued before formal service. While this request is understandable, it is not standard practice in the industry. Below, we explain the key reasons why Party Wall Awards are not typically shared in draft form.
1. The Statutory Framework and the Role of Surveyors
Under the Party Wall etc. Act 1996, surveyors are appointed to make impartial determinations on disputes between building owners and adjoining owners. Their responsibility is to ensure that the Act is correctly applied and that both parties' rights are protected.
Once a Party Wall Award is issued, it becomes a formal document that can be challenged if necessary. Section 10(17) of the Act allows either party to appeal the Award in the County Court within 14 days. This statutory mechanism provides a clear and fair process for addressing any disputes.
Issuing a draft version in advance could undermine the purpose of the Award by implying that its content is open to negotiation, which is not the case. The Award is a professional and legally binding determination, not a document to be edited through back-and-forth discussions.
2. Surveyors Have a Duty to Act Impartially
Surveyors appointed under the Act must remain independent and act impartially. Their role is to make a balanced decision based on the facts, without favouring either party.
Providing a draft Award to one party before formal service could give the impression that changes can be made outside the correct legal procedures. This risks compromising the neutrality that the Act requires. To maintain the integrity of the process, the surveyors must ensure that the Award is final and impartial at the point of service.
3. Preventing Disruptions and Misunderstandings
The process of issuing Party Wall Awards is designed to provide clarity and certainty. Introducing a draft stage could lead to confusion, particularly if parties believe they have the ability to request amendments that do not align with the surveyors’ statutory responsibilities.
Once a formal Award is served, both parties have clearly defined rights and responsibilities. If there are any concerns about its content, the correct course of action is to follow the legal appeal process rather than informally revising the document before service.
4. Right to Appeal After the Award is Issued
As mentioned earlier, the Party Wall etc. Act 1996 allows for an appeal process if either party disagrees with the Award. If a genuine error or oversight is identified, it can be challenged in the County Court within 14 days of service.
This appeal process ensures that any concerns can be addressed fairly, through a neutral forum, without jeopardising the impartiality of the surveyors' decision-making.
5. Consistency with Industry Standards
The approach of issuing a Party Wall Award only upon completion aligns with standard industry practice. Guidance from professional bodies such as the Faculty of Party Wall Surveyors (FPWS) and the Royal Institution of Chartered Surveyors (RICS) supports this method as the most appropriate way to ensure fairness and legal compliance.
While it is acknowledged that errors can occasionally occur, the formal appeal process is in place to deal with such situations without the need for an informal draft review.
A Potential Compromise
Despite these considerations, there may be instances where both surveyors agree to issue a draft Award before formal service. If this approach is taken, the draft would need to be shared with both parties at the same time to ensure transparency and impartiality. However, this would be entirely at the discretion of the appointed surveyors and is not a requirement under the Act.
Conclusion
The Party Wall etc. Act 1996 provides a structured and fair framework for resolving disputes between building owners and adjoining owners. While it may seem reasonable to request a draft Party Wall Award before formal service, doing so is not standard practice and could undermine the impartiality of the process.
Instead, the Act provides a clear appeal mechanism for addressing any concerns after the Award has been issued. This ensures that both parties have the opportunity to challenge the decision if necessary while maintaining the surveyors' independence and professional integrity.
