When a neighbour dissents to a notice, LENIO prepares Party Wall Awards in London under the Party Wall etc. Act 1996, the binding document that sets out how the works proceed and how both properties are protected. Every Award is drawn up personally by a Chartered Civil and Building Engineer (ICE and CABE).
The Award is served once notice has been validly given and the surveyor or surveyors have been appointed in writing. It protects the Adjoining Owner if damage occurs and gives the Building Owner a clear, lawful basis to proceed with the notifiable works.
The formal written warning of your intended works. It starts the process but resolves nothing on its own.
If your neighbour agrees in writing, no Award is needed. There is no such thing in law as a separate "Party Wall Agreement".
If the neighbour dissents, a dispute arises and surveyors must produce an Award. This is the only valid way to resolve it.
Both owners appoint a single, impartial surveyor who prepares one Award for both sides. It is usually faster and more cost effective, and the surveyor acts even-handedly for both parties.
Each owner appoints their own surveyor. The two work together to agree the Award, and select a Third Surveyor at the outset who can settle any point they cannot agree.
Neither owner may act as a surveyor in their own dispute, and an owner cannot prepare a valid Award themselves. The Third Surveyor is rarely called upon but provides a safeguard that keeps the process moving.
The Building Owner serves notice; the Adjoining Owner dissents, so a dispute is deemed to arise.
The parties appoint an Agreed Surveyor, or one surveyor each, in writing. A Third Surveyor is selected where there are two.
The surveyor inspects and records the condition of the Adjoining Owner's property before works begin.
The document setting out the permitted works, protections and fees is prepared and served on both owners.
Once served, the works may begin. The surveyor can reinspect afterwards to confirm no damage was caused.
The Party Wall etc. Act 1996 sets fixed periods that cannot be waived. Building them into your programme early keeps a London project on track.
An Adjoining Owner has 14 days to consent or dissent to a notice. No reply within 14 days is treated as a deemed dispute.
Once a dispute arises, a party has 10 days to appoint a surveyor after a written request, or the other side may appoint one for them.
Where two surveyors act, they select a Third Surveyor at the outset to settle any point they cannot agree.
Notice must reach every Adjoining Owner, which can include freeholders and leaseholders on both sides of a terrace, so identifying all owners at the start avoids invalid notices and delay.
Because the works are for the Building Owner's benefit, they normally pay the reasonable fees of both surveyors. Where works benefit both properties, costs may be shared. The Award itself determines the allocation of fees.
Either owner may appeal an Award to the County Court within 14 days of it being served. If no appeal is made in that period, the Award becomes final and binding and cannot later be questioned in court. As an alternative to court, the Party Wall Mediation Scheme offers a faster, lower cost route to resolve a dispute.
An Award can only deal with matters arising from the notifiable works, not unrelated disputes between neighbours. If the design changes fundamentally after the Award is served, the surveyors may issue a further "Addendum Award" to cover the new works, unless the parties reach a separate agreement.
At LENIO every Party Wall Award across London is prepared personally by a Chartered Civil and Building Engineer, not passed down a production line. That engineering background means the structural detail behind loft conversions, extensions and basements is understood, not just the paperwork.
Speak to a Chartered Civil and Building Engineer about your notice, your Award and what it will cost. Clear advice, no jargon.