A party wall agreement and an award are two distinct legal documents that are often used in building construction and renovation projects. While they may sound similar, there are crucial differences between the two, which are essential to understand, especially when dealing with building regulations and compliance.
What is a Party Wall Agreement?
A party wall agreement is a document designed to manage and regulate the relationship between neighbors concerning the use and ownership of a shared wall. It is typically required when a building owner intends to carry out substantial work, such as demolition, excavation, or structural alterations, which may impact the party wall.
A party wall agreement typically outlines the following:
1. The rights and obligations of the building owner and the neighbor regarding the party wall.
2. The scope of work to be carried out and the timeline for completion.
3. The procedure for resolving disputes that may arise from the work carried out.
The agreement must be signed by both parties involved in the development and is legally binding for the duration of the proposed work.
What is an Award?
An award is a legally binding document that outlines the rights and obligations of the parties involved in a dispute regarding a party wall. It is typically used when the building owner and the neighbor cannot come to an agreement on the proposed work or the party wall`s condition.
The award is produced by an impartial surveyor appointed by both parties, and it outlines the following:
1. The proposed work to be carried out.
2. The rights and obligations of both parties regarding the party wall.
3. Measures to mitigate the impact of the proposed work.
4. A schedule of condition of the affected property before the work commences.
An award can also include provisions for resolving disputes that may arise during the work`s progress.
The Key Differences Between Party Wall Agreement and Award
The primary difference between a party wall agreement and an award is their purpose. A party wall agreement is designed to regulate the relationship between neighbors regarding a shared wall, while an award is used to resolve disputes that arise from disagreements over the proposed work`s impact on the party wall.
In terms of the process, a party wall agreement is typically negotiated between the building owner and their neighbors. The agreement is signed by both parties and is legally binding for the duration of the work.
On the other hand, an award is produced by an impartial surveyor appointed by both the building owner and their neighbors. The award is legally binding and contains provisions for resolving disputes that may arise during the work`s progress.
Final Thoughts
In conclusion, a party wall agreement and an award are two distinct legal documents that serve different purposes in building construction and renovation projects. As a building owner, it is essential to understand the differences between the two to ensure compliance with building regulations and avoid potential legal disputes. It is advisable to seek expert advice from a qualified surveyor or legal professional to ensure that you understand your rights and obligations regarding party wall agreements and awards.