How to Apply for a Party Wall Award in Multi‑Storey Properties

Applying for and obtaining a Party Wall Award under the Party Wall etc. Act 1996 is a statutory process that applies wherever building works affect shared walls, boundaries or structures, whether in houses, flats or multi‑storey properties in England and Wales. When you intend to carry out work that falls within the scope of the Act, and your adjoining neighbours do not consent, you must follow a defined procedure to ensure the works can be carried out legally and with minimal risk of dispute.

This article explains what a Party Wall Award is, when and how it is required for multi‑storey buildings, the steps for serving notice and commissioning an Award, and what practical considerations you should know. It is designed to be informative for both property owners and professionals involved in construction, planning, or dispute resolution.

1. What Is a Party Wall Award?

A Party Wall Award (often simply called an “Award”) is a legally binding document prepared under the Party Wall etc. Act 1996 once there is a disagreement (a “dispute”) between a building owner and an adjoining owner about proposed works affecting a shared wall, boundary wall or other structure. The Award:

• Determines the scope of authorised works
• Specifies how and when works must be carried out
• Includes measures to protect adjoining property
• Often records the condition of the neighbouring property before work begins
• Sets out the rights and obligations of both parties, including costs and access arrangements

An Award effectively authorises the works when neighbours do not consent and resolves the dispute so that legal building work can begin lawfully.

2. When Is an Award Required in Multi‑Storey Properties?

In multi‑storey buildings such as apartment blocks or mixed residential/commercial properties, the Act extends beyond simple garden walls and includes party structures, which can comprise:

• Walls shared between flats or maisonettes
• Floors or ceilings separating different parts of a building
• Structural elements such as stairwell walls
• Boundary walls or structural elements affecting adjoining buildings

The Act applies in England and Wales and covers works that include:

• Cutting into or altering a party wall or party structure
• Raising or lowering a shared wall
• Underpinning or excavation near neighbouring structures
• Rebuilding or extending party walls or structures
• Constructing new walls astride the boundary
• Structural alterations in multi‑storey properties that affect adjoining owners' use or safety

If the proposed work affects any of these, and your neighbours do not consent in writing to the notice served, an Award will be needed before work can proceed.

3. Step‑by‑Step Process for Applying for a Party Wall Award

3.1 Confirm That the Act Applies

Before you begin any work, confirm whether the proposed works are notifiable under the Party Wall Act. This includes checking whether your project affects a party wall or structure, boundary wall, or involves excavation near another property.

3.2 Serve the Correct Party Wall Notice

You must serve a valid Party Wall Notice on all adjoining owners affected by the works. Key requirements include:

• Who must serve it: The building owner intending to carry out the works.
• Content: The notice must contain a clear description of the works, the intended start date, and details of the properties involved. It should state explicitly that it is being served under the Party Wall etc. Act 1996.
• Timing: Notices must generally be served at least two months before work begins for party wall or party structure works, and one month before for new boundary walls or excavations near foundations.
• Response period: Adjoining owners have 14 days to respond.

If an adjoining owner consents in writing, you may proceed without an Award (subject to any conditions they agree).

3.3 Identify When a Dispute Exists

If an adjoining owner:

• Dissents (objects) to the notice, or
• Fails to respond within 14 days,

the Act treats this as a dispute, and you must proceed to appoint surveyor(s) to resolve it.

3.4 Appoint Party Wall Surveyor(s)

In a dispute under the Act:

• You and the adjoining owner can agree on a single “Agreed Surveyor” to act impartially for both.
• Alternatively, each party can appoint their own surveyor. If the two surveyors cannot agree, they must jointly appoint a third surveyor to decide the dispute.
• Surveyors must be impartial and consider the rights of both sides impartially.

Surveyors do not act as legal representatives for either owner; they perform a statutory function under the Party Wall Act to resolve the dispute by preparing the Award.

3.5 Surveyor Inspections and Draft Award

The appointed surveyor(s) undertake inspections and consultations to ensure the Award addresses all relevant issues, particularly:

• The property condition before works (often via a Schedule of Condition)
• Practical safeguards to prevent damage
• Arrangements for access and timing of works
• Allocation of costs, including surveyor fees

Once finalised, the Award document is served on both parties and becomes binding.

3.6 Commence Work Lawfully

Work can only begin once:

• You have served a valid notice, and
• An Award has been made (if a dispute arose), or your neighbour has consented in writing.

Failure to secure an Award when required may expose you to legal action, such as an injunction to stop works until compliance is achieved.

4. Practical Considerations for Multi‑Storey Projects

4.1 Multiple Adjoining Owners

In multi‑storey properties, there may be multiple adjoining owners or leaseholders affected by the works. All must be served notices and any disputes resolved through the Award process.

4.2 Timetables and Documentation

Because of the complexity of multi‑storey work, serve notices as early as possible and include detailed plans and specifications of the proposed works. This reduces ambiguity and increases the chance of early consent.

4.3 Specialist Advice and Costs

Consulting a party wall surveyor, chartered surveyor or solicitor early ensures that notices are drafted correctly and that any potential disputes are identified in advance. In most residential cases, the building owner pays the “reasonable costs” of the Party Wall process, including surveyors' fees.

5. Appeals and Legal Remedies

After an Award has been served, either party has 14 days from the date of service to appeal to the county court if they believe the Award was improperly made. Appeals should not be undertaken lightly, as costs may follow an unsuccessful appeal.

If works proceed without serving a valid notice and obtaining an Award when required, neighbours may apply to the court for an injunction or other legal redress, which can delay or halt construction.

Common Questions from our Readers

Do Party Wall Awards apply to works inside blocks of flats?
Yes. The Act's definition of a “party structure” includes shared walls, floors, and partitions in multi‑storey buildings.

Can works start before an Award is made?
Only if all adjoining owners consent in writing to the notice. Once a dispute exists, you must have a Party Wall Award in place before commencing the notifiable works.

Who usually pays surveyors' fees?
The building owner typically pays reasonable Party Wall surveyor costs, although specific responsibilities are set out in the Award.

Summary

To apply for a Party Wall Award in a multi‑storey property under the Party Wall etc. Act 1996:

1. Confirm the Act applies to your proposed works affecting shared walls or structures.
2. Serve valid Party Wall Notices on all required adjoining owners, observing statutory timeframes.
3. Determine if a dispute exists after 14 days from notice.
4. Appoint Party Wall surveyor(s) to resolve disputes and draft the Award.
5. Secure the Award and serve it on all parties.
6. Commence lawful works only once consent or an Award authorises them.

Following these steps protects your legal position, minimises the risk of costly disputes, and ensures that building works proceed in accordance with the Party Wall etc. Act 1996.