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Should all notices be referenced in the award?
Tuesday 6th May 2025
In a Party Wall Award under the Party Wall etc. Act 1996, it is good practice to include, in the recitals, reference to all notices served, even if not all of them are directly relevant to the notifiable works that are ultimately being authorised by the Award.
Here’s why and how:
1. Transparency and Record-Keeping
Mentioning all notices served provides a complete procedural history. It shows due diligence on the part of the Building Owner and the surveyors and protects against future disputes over whether the Act was correctly invoked.
2. Distinction Within the Recitals
You can include wording along these lines:
“Whereas the Building Owner served notices pursuant to sections 1, 3, and 6 of the Act, dated [insert dates], upon the Adjoining Owner; and whereas the surveyors have considered the nature of the proposed works and are satisfied that [only the works under section 6] are notifiable under the Act…”
This makes it clear that:
• Notices were served
• The surveyors have considered their relevance
• The Award will deal only with the works that fall within the scope of the Act
3. Surveyors’ Jurisdiction
By stating which notices are relevant (and which are not), you define the scope of the surveyors’ jurisdiction, which is important if any part of the Award is challenged.
Conclusion:
Yes, include all notices served in the recitals, but clarify which are relevant to the Award. This approach ensures a well-reasoned and robust Award.
