How Long Is a Party Wall Award Valid?

The Party Wall etc. Act 1996 governs works affecting shared walls and neighbouring properties in England and Wales. When parties fail to reach agreement over proposed works covered by the Act, a Party Wall Award is made by surveyors to resolve the dispute. But once the Award is issued, a common question arises: How long is a Party Wall Award valid?

In this comprehensive article, we explore the duration, enforceability, and limitations of a Party Wall Award, address misconceptions, and provide guidance for property owners, developers, and surveyors.

Understanding Party Wall Awards

Under section 10 of the Party Wall etc. Act 1996, where a dispute arises, the parties either appoint an agreed surveyor or each appoint their own surveyor, who then select a third surveyor if necessary. The surveyors settle the dispute by issuing a Party Wall Award.

The Award may cover matters such as:

The right to undertake the works

How and when the works are to be executed

Measures to protect adjoining properties

Compensation for inconvenience, damage, or loss

Apportionment of costs between the parties

Once served, the Award becomes binding on both parties unless successfully appealed.

Statutory Appeal Period: The First 14 Days

Section 10(17) of the Act allows either party to appeal to the county court within 14 days of service. If not appealed, the Award becomes final and conclusive, with significantly reinforced validity.

Is There a Statutory Expiry Date for a Party Wall Award?

The Act does not specify a fixed expiry date for Awards. However, many Awards include a clause—agreed by surveyors—stating that the Award ceases to have effect if works don't commence within 12 months of service.

"That this Award shall cease to have effect if the works to which it relates have not commenced within the period of twelve months beginning on the date this Award is served."

Practical Considerations: Is There a Time Limit in Practice?

1. Lapse of Notices: Sections 3 and 6 notices expire after 12 months.

2. Doctrine of Stale Awards: Courts may not enforce very old Awards.

3. Changes in Circumstances: Property ownership or regulations may change.

4. Enforcement Limitations: Financial claims may be time-barred after 6 years under the Limitation Act 1980.

Case Law: Judicial Interpretation of Award Validity

While no case sets a precise lifespan, Onigbanjo v Pearson (2008) confirmed that once an Award is made, it is final and binding unless a fresh dispute arises under the Act. Surveyors cannot vary an Award unless such a new dispute exists.

Summary of Key Timeframes

Renewing or Reissuing Party Wall Awards

If delays occur, surveyors often recommend serving new notices and issuing a fresh Award, particularly after 12–24 months, to ensure currency and protect both parties.

What Happens If Works Begin Long After an Award?

Possible objections include:

Disputes over lapse of notices

Challenges based on changed circumstances

Claims that the Award is no longer applicable

Courts may consider time elapsed, acquiescence, prejudice to the adjoining owner, and validity of underlying notices.

Enforceability of Old Awards

Financial obligations may be enforceable within 6 years. For works, delays can complicate enforcement, especially where circumstances have changed.

How to Avoid Problems: Best Practices

1. Commence works promptly

2. Ensure notices remain valid

3. Maintain communication with adjoining owners

4. Serve new notices if delays occur

5. Record any mutual agreements to extend or vary timelines

Conclusion - How Long is a Party Wall Award valid?

So, how long is a Party Wall Award valid? Statutorily, indefinitely—unless appealed. Practically, many Awards include a 12-month commencement clause. With prolonged delay, a new Award is often recommended.

To avoid disputes, building owners should act promptly, communicate openly, and refresh Awards where necessary.

Key Takeaways

Party Wall Awards are binding unless appealed within 14 days.

No statutory expiry exists, but surveyors often include a 12-month validity clause.

Section 3 and 6 notices expire after 12 months.

Financial enforcement is generally time-barred after 6 years.

Delays and changing conditions may erode practical enforceability.

Best practice: serve fresh notices and obtain a new Award if delays arise.

Contact

Need help or advice with a Party Wall Award? Contact Anstey Horne’s experienced surveyors for expert guidance and peace of mind on your next construction project.

For advice direct from one of our Surveyors, please call our Enquiry line on 020 4534 3135.

If you would rather we called you instead, please fill in our Contact form and we will be in touch.

For a quick online quote for Party Wall advice, send us the details of your project. For more articles on all aspects of the Party Wall Act see our blog.

For advice direct from one of our Surveyors, please call our Enquiry line on 020 4534 3135.

If you are planning work that is covered by the Act, or if you have received notice of work from a neighbour and want advice on how best to protect your property please contact: