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Do Party Wall Surveyors Enforce the Award? Understanding Their Role and Your Rights

Wednesday 30th April 2025

If you're involved in a building project that falls under the Party Wall etc. Act 1996, you may already be familiar with the term Party Wall Award. This legal document, prepared by a party wall surveyor (or surveyors), sets out the rights and responsibilities of the building owner undertaking the work, and how it will affect the adjoining owner.

But what happens if someone ignores the Award? Can the surveyor step in and enforce it?

The short answer is: no. Here's why.

What Is a Party Wall Award?
A Party Wall Award (sometimes called a Party Wall Agreement) is a legally binding document that resolves disputes under the Party Wall Act. It outlines:

What work is being done

How it will be carried out

What protections are needed for the adjoining property

Any conditions, such as working hours or access arrangements

Once served, the Award is binding on both parties.

What Party Wall Surveyors Do
Party wall surveyors play a crucial dispute resolution role. Their job is to act impartially (even if appointed by one side) and make sure the work complies with the Act. They investigate the situation, gather evidence (like schedules of condition), and draft the Award accordingly.

However, their authority ends once the Award is made.

What Party Wall Surveyors Don’t Do: Enforcement
Contrary to what many assume, party wall surveyors are not enforcers. They do not:

Police the building site

Chase non-compliant owners

Issue penalties for breaching the Award

Have the power to stop work directly

If a building owner does not comply with the Award—for example, by starting work early, failing to provide agreed protections, or causing damage—the adjoining owner must take further steps independently.

So Who Does Enforce the Award?
Enforcement is typically a matter for the county court, not the surveyor.

If one party breaches the Award:

The affected party can apply to the county court for an injunction (to stop work) or for damages.

The Award itself can be used as legal evidence of what was agreed and what has been breached.

Legal advice is strongly recommended in such cases. While the surveyor can't act as your lawyer, they may be able to clarify the terms of the Award to support your claim.

A Common Misunderstanding
Many homeowners think appointing a party wall surveyor means someone is “in charge” of the project and can shut things down if problems arise. In reality, surveyors are there to facilitate agreement and ensure compliance on paper—not to police the site.

Final Thoughts
Party wall surveyors play a vital and independent role under the Party Wall etc. Act 1996, but enforcement isn't part of their remit. If you're dealing with a breach of the Award, your next step may be legal action—not a call to the surveyor.

Understanding these boundaries can help manage expectations and avoid frustration during what is often a complex and sensitive process.