Party Wall Award – With a nod to the Two Ronnies - Four Candles Sketch

[Rdw]

Hi

We have been planning a kitchen and dining room extension for some time. In my opinion it was doubtful that the Party Wall Act applied to our situation, but as my neighbour is a bit of a psychopath with anger management issues, I decided it best to get an Award put in place, rather than face a potential injunction once we had started building.

 

I have an existing dining room extension (See photos) that we are planning on making bigger and converting the ‘normal’ ceiling into a vaulted ceiling, which would mean altering the roof structure. The existing extension is entirely on my own land, only a small amount of flashing (and I mean inches) cuts into the Party Wall. The new extension (to the existing extension) will be away from my neighbour’s side, by over 3 meters.

 

So, the only notifiable work that I may have to do on the Party Wall is if we have to replace that flashing or cut a new insert. There is also some internal work, such as hanging new cabinets on the Party Wall and chasing in some wires, but I believe I am allowed to do that without a Party Wall agreement.

 

However, as stated above the decision was to put a Party Wall Award in place as a belt and braces on them causing disruption to the build process.

 

I am looking for an opinion on a Party Wall Award that I have had drawn up, I have two main issues with it

 

1.       The capitalization of the word Works seems to have gone astray, thus making the document almost impossible to understand. I have copied the whole document below, but give you these two sentences as an example

 

This Award does not apply to any other works that the Building Owner may be conducting. Any works specified in this Award are also subject to the provisions of the Act.

 

I find it difficult to understand what ‘Works’ are covered by the agreement and what works are not.

 

2.       There is a clause in the Further Information section that stands out like a sore thumb, it does not reference a clause in the Party Wall Act as all the other clauses do, and the wall that it refers to is a wall that stands entirely on my own property. The clause states

 

The building owner will ensure that the altered exposed gable end facing the adjoining owners property will be finished and decorated to match the existing in every respect

 

I understand this may be a planning / permitted development issue, but I believe that in including this clause in the Party Wall award the surveyor has acted beyond his powers.

 

The reason that I am asking, is that we wanted to work on the footings to the new extension over the weekend, which are not part of the award as they are over 3 meters from the boundary, but may neighbour claimed that these were part of the works covered by the award and that I could not work over the weekend and that I was to stop. We stopped work to keep the peace, but I do not believe the Party Wall award should have the power to stop us working on this area. We were using an excavator, which in reality is not much nosier than my lawnmower.

 

This is when I read the drafting closely and decided that I was confused with what I could actually do. 

 

I think if I was drafting this, I would use separate words for ‘Works’ and works, probably ‘Works’ and jobs for absolute clarity.

 

There are a couple of other errors in the award,

1.       the date on which the notice was served is incorrect.

The notice was actually served on the 25^th of January. Considering the amount of fuss that was put into making sure that the notice was served on the date that was on the forms, with the inference that if the served date and the date on the forms were not the same the service would be invalid.

2.       Sections 3 and 4 refer to Clause 1, I believe these to refer to Clause 2, this is just shoddy drafting in my opinion.

 

I think I am looking for an opinion on the Award, with reference to the confusion about what is in scope and also the inclusion of a clause about decorating the wall that faces my neighbour before I go back to the drafting surveyor. This document cost me almost £2k.

 

I copy the actual award below, as closely to the original as I can, with names and addresses redacted. I also attach a couple of photos for context, basically we are filling in the gap between the dining room extension and the living room wall, where the garden table and chairs are. 

 

Thanks in advance 

 

IN THE MATTER OF THE

 

 

 

PARTY WALL ETC. ACT 1996

 

 

BETWEEN:

 

 

 

XXXXXXXXXXX XXXXXX and XXX XXXXXXXX

XXXXX XXXXXXXXXXX

XXXXXXX XXX XXX

 

 

Building Owner

 

And

 

 

 

XXXXXX XXXX

XXXXX XXXXX

XXXXXx XXXXXXXXXX XXX XXX

 

 

Adjoining Owner

AWARD

 

 

This Award is a legally binding document. Under Section 10(17) of the Act this Award may be challenged by any of the parties to it by way of an appeal to the county court. The appeal must be lodged appropriately with the county court within fourteen days of it being served, with the day of service counting as day one of those fourteen days. You are strongly advised to take appropriate legal advice before taking such a step.

 

 

AN AWARD

MADE AND SERVED UNDER SECTION 10 OF THE PARTY WALL ETC. ACT 1996 ("THE ACT")

 

 

PARTIES

 

Building Owner: Address for Service:

 

XXXXXX XXXXXXXX and XXXXX XXXXXXX XXXXXXXX, XXXXXXXXX, XXX XXX.

 

Email Address for Service:     XXXXXX.com

 

Adjoining Owner: Address for Service:

 

XXXXXXX XXXXX XXXXXXXX XXXXXXX XXX XXX.

 

Email Address for Service:     Not Applicable

 

 

LAND AND PREMISES TO WHICH THE WORKS RELATE

 

Building Owner's Land I Premises: Adjoining Owner's Land I Premises:

 

XXXXXXX XXXXX XXX XXX.

 

XXXXXXXXXXXXX XXXXXXXXXXXX XXX XXX.

 

NOTICES

 

On 19^th January 2021 notice under section 2 of the Act was served for the proposed works.

 

 

THE DISPUTE

 

 

1.   Upon service under section 3 of the Act of the party structure notice mentioned above, the adjoining owner did not serve a notice within fourteen days indicating their consent to the party structure notice. Consequently, and pursuant to section 5 of the Act, a dispute between the parties has deemed to have arisen as to the works proposed in the party structure notice.

 

 

THE SURVEYOR(S)

 

 

Building Owner's Surveyor:       XXXXXX XXXXX of XXXXX XXXX Ltd. Address:                                                 XXXXXXXXX XXXXXXXXXX XXX XXX

Email:                                         XXXXXX.com

 

 

 

Adjoining Owner's Surveyor:     XXXXXX XXXXX of XXXXXX XXXXXX Ltd. Address:                                                 XXXXXXX  XX  XXXXXX   XXX XXX

Email:                                         XXXXXX.XXXXXX.com

 

 

 

Third Surveyor:                         XXXXXXXX of XXXXXXX

 

Address:                                     XXXXXXXXXXXXXXX XXXXXXX XXXXXXXX

 

Email:                                         XXXXXXX.XXXX.com

 

 

THE AWARD

We the two appointed surveyors being two of the three surveyors DETERMINE and AWARD as follows:

 

 

The Works to be Carried Out

 

2.   That following  service  of this signed Award, the  building owner  may carry out the following works ('the Works'):

(a)          Cutting chases in to the party wall to receive pipes and wires.

(b)          Fixing Cupboards to the party wall.

(c)          Cutting a  flashing  in to the  external  brickwork  on the  outer face  of the  rear elevation.

(d)          And that the above-mentioned works are subject to the Act's provisions, and as set out in the appended "Further Information" document .

(e)          All as detailed in the attached drawings numbered referred to in the Documents Register.

 

 

Time and Manner of Execution of the Works

3.   If the building owner carries out the works set out in Clause 1 above, they shall:

(a)     Carry out all works in a careful and workmanlike manner in accordance with the Building Regulations.

(b)     Make good any damage caused to the adjoining owners property by the works or pay compensation in lieu if so required.

 

 

General Provisions Relating to the Works

4.   If the building owner carries out the works itemised in Clause 1above, they shall:

 

 

(a)    Commence the works within 12 months of the date of this award failing which the Works will automatically cease to be authorised by this Award.

(b)    Once commenced, carry out the works expeditiously and with all due diligence.

(c)    Carry out the works  in accordance  with relevant Codes of Practice and Building Regulations.

(d)    Carry out the works using sound and suitable materials.

(e)    Restrict noisy works to which this award relates to the hours of 8.00am to 5.00pm from Monday to Friday with no noisy works permitted to the party wall permitted at weekends or on bank holidays.

(f)      Carry out all works from their own land.

(g)     Supply and carefully place protecting sheathing over the conservatory glazing during works near the glass and shall remove it as soon as the works are complete or at the end of each working day.

(h)     Remove any scaffolding I hoarding I screens from the adjoining owner's land and premises as soon as possible following completion of the works;

(i)      Clear away, as necessary, any dust and debris from the adjoining owner's land and premises by reason of any work carried out in pursuance of this Award as it arises.

(j)       Ensure that their agents and workmen are aware of the relevant provisions of this Award.

 

Expenses of the Works

5.   The Works shall be carried out at the sole expense of the Building Owner.

 

 

Costs

6.   The building owner shall, immediately following service of this Award, pay the adjoining owner's surveyor's costs in the sum of £XXX ex vat (£XXX gross) in connection with the making and/or obtaining of this award. In the event of any dispute requiring further site visits and to sign off the works on completion further costs on the basis of the time expended at £XXX per hour (ex vat) will be charged.

 

 

7.   Where the surveyors subsequently determine that further inspections of the works are required or become necessary, the reasonable costs of those inspections shall be paid by such of the parties as the surveyor(s) making this Award determine.

 

 

 

Signed:                                          Signed:

Name:                                                                     Name:

 

Building Owner's Surveyor                                        Adjoining Owner's Surveyor

 

Date:                                                                     Date:

 

FURTHER INFORMATION

 

This Award does not apply to any other works that the Building Owner may be conducting. Any works specified in this Award are also subject to the provisions of the Act. The following is a non-exhaustive summary of those provisions which should be noted, set out below in order to assist the parties. If in doubt you should consult further with your party wall surveyor and/or refer to the specific wording within the Act itself.

 

1.        Section 2(4), (5), and {6): Where the Building Owner exercises his rights under the Act by conducting works which fall within sections 2(2)(e), (f), (g), (h) or (j) they must make good all damage occasioned by those works.

 

2.        Section 7(1? The works authorised by this Award shall not be conducted in a manner which causes 'unnecessary' inconvenience to the Adjoining Owner, albeit that it should be noted that some level of inconvenience may be 'necessary' .

 

3.        Section 7(2): Where the building works to which this Award relates cause any loss or damage to the Adjoining Owner then the Building Owner shall compensate them for that loss or damage . This may include compensation where the works have been conducted in a manner that has caused unnecessary inconvenience.

 

4.        Section 7(3): Where the awarded works lay open any part of the Adjoining owner's land or building then the Building Owner is obliged, at his own expense, to make  and maintain for as long as may be necessary, proper hoarding, shoring or fans or other temporary constructions for the protection of the adjoining land or building as well as the security of any adjoining occupier.

 

5.        Section 7(5): In conducting the works specified in this Award the Building Owner shall: comply with the provisions of any other statutory requirements (such as under planning law or building regulations) and (b) not deviate from the terms of this Award without the prior agreement of the parties, or by the surveyors acting on their behalf.

 

6.            The building owner will ensure that the altered exposed gable end facing the adjoining owners property will be finished and decorated to match the existing in every respect

  

7.            Section 8: The Building Owner, their servants, agents or workmen may have access over the Adjoining Owner's land or premises for the purpose of executing the works specified in this Award, and may remove any furniture or fittings or take any other action necessary for that purpose. However, before doing so, the Building Owner must serve a written notice of his intention to enter upon the Adjoining Owner and any occupier of the adjoining premises, and in a period of not less than fourteen days ending with the day of the proposed entry. Similar written notice provisions apply to the party wall surveyors where access is required by them to the Adjoining Owner's land. Access over land is also restricted to usual working hours. The building owner should also seek to agree the duration of the access required, as a matter relating to the time and manner of execution of the works. Where the duration of the access required cannot be agreed then it may fall to the surveyor(s) making the award to also determine the duration of the access required. It should be noted that it is also a criminal offence under section 16 of the Act to refuse, or hinder or obstruct, any such access that has been lawfully obtained under section 8 of the Act.

 

8.             Section 11(8): Where the Building Owner is required to make good damage caused by his works (and as provided by section 2(4), (5) and (6)) the Adjoining Owner is entitled to demand a payment instead of the Building Owner making good the damage.

 

9.             Section 17: Any sums of money that are determined to be due and payable under this Award, including surveyors' costs, can, if not duly paid, be recovered by way of a 'civil complaint' made to a Magistrates' Court within six months of that sum becoming due and payable (which is usually six months from the date that this Award is served).

 

10.        A Schedule of Condition has been taken on 9th March 2021 recording the condition of the Adjoining Owner's land and premises (as appropriate) prior to the works commencing. The Schedule of Condition will be held on file of the surveyor(s) and will be used as a reference point in the event of a dispute between the parties over any damage that is alleged to have been caused by the works in this Award.

 

 

DOCUMENTS REG ISTER

 

 

1.   Notices and Counter Notices.

 

2.   Schedule of Condition.

 

Plans and drawings: : Site Location Plan, Existing Elevation Plans, Proposed Elevation Plans, Existing Floor Plan, Proposed Floor Plan, Existing Block Plan, Proposed Sectional View, Proposed Building Regs 1, Proposed Building Regs 2, Proposed Block Plan. Structural Engineers calculations

[Mr Punter]

Well that was a long introductory post!

 

Hello and welcome.

 

As the building owner you will pay the surveyors fees for both parties, so it is often best just to keep schtum and suck it up or you may be in for another £2,000.

 

Don't try to get the award re-drafted.  Apologise to neighbour and don't work weekends outside.

[Big Jimbo]

Neighbours.....Great, aren't they ! Would have been no more money to have had him , "Taken out" [mod: deleted reference to citizens of a particular country]. The existing french door bit looks like it might be built up to the boundary, but Don't look like a party wall to me. If you are just joining up the french door bit to the other bit on the left, i don't see why you needed the party wall agreement at all....

[Jilly]

Bad luck. I had a planning condition that we can't do any work at weekends, luckily no one's complained about the odd bit we've had to do. 

[ToughButterCup]

In a similar situation, the advice I had about weekend working was..... just bloody do it ... (delivered in the less polite Lancastrian version) because by the time anyone official comes to talk to you about it,  it'll probably be Wednesday of the week after the week after next. 

 

West Lancashire is full of people with psychopathic tendencies, so that type of behaviour is generally regarded as normal.  I'm one now as you might be able to tell.