If agreement cannot be reached between neighbouring parties, the process is as follows: A Surveyor or Surveyors is/are appointed to determine a fair and impartial Award, either: An ‘Agreed Surveyor’ (someone acceptable to all parties), or two surveyors representing both property owners. 

The two surveyors will nominate a third surveyor who would be called in only if the two surveyors cannot agree.  In all cases, surveyors appointed under the dispute resolution procedure of the Party Wall Act to draw up an award must behave impartially and consider the interests of both neighbours. 

The surveyor (or surveyors) will prepare an “award” (also known as a “party wall award”).  This is a document which: sets out the work that will be carried out, says when and how the work is to be carried out (for example, not at weekends if the buildings are domestic properties), records the condition of next door before the work begins (so that any damage can be properly attributed and made good), allows access for the surveyors to inspect the works while they are going on (to see that they are in accordance with the award). 

The surveyor (or surveyors) will decide who pays the fees for drawing up the award and for checking that the work has been carried out in accordance with the award.

The owner undertaking the construction is made legally responsible for putting right any damage caused by carrying out the works, even if the damage is caused by his contractor. 

Although minor works on a party wall are usually considered to be too trivial to come under the remit of the Act, the key point to be considered is whether any planned work will have consequences for the structural strength and support functions of the party wall.

This information is published in partnership with London security firm SFS.