Email address: ma@michael-atkinson.co.uk
Phone number: 0044 7855 320999
The Award
The Award
The award is a document which covers works included in the Notice (the “notifiable” work) and which has been issued to adjoining owners e.g. foundation work and/or work to party walls.
Please note - It does not cover the remainder of the general building works.
The award is signed by the building owner’s surveyor and the adjoining owner’s surveyor, or the agreed surveyor, and is served on the building owner and the adjoining owner for their safekeeping
The Contents of the award
The award will contain:
- A definition of the work that will be carried out
- A statement of when and how the work is to be carried out
- Structural support requirements
- The requirement for temporary weathering to the adjoining owner’s building
- A record of the condition of the relevant parts of the adjoining owner’s property (the schedule of condition), so that any damage to the adjoining land or buildings caused during the works can be properly attributed and made good.
- Relevant drawings
- A clause giving the building owner the right of access to the adjoining owner’s land to erect scaffolding and the right to work from the adjoining owner’s land (only for the work included in the award, i.e. foundation work or building a new wall on the line of junction (the boundary) or work to a party wall) - a separate agreement/licence will be required for access/scaffolding for general building work which requires access to/scaffolding on the adjoining owner’s land}
- Times that noisy work can/cannot be carried out
- A clause stating that dust etc. must be kept to a minimum and that debris etc must be cleared from the adjoining owner’s land when the work has been completed
- A clause stating that the works are to be in accordance with the building regulations and the statutory authorities requirements
- The requirement for any additional work needed (for example protection to prevent damage)
- A compensation clause for any damage caused
- A statement enabling access for the surveyor(s) to inspect the works.
Schedule of Condition
In all cases it is strongly recommended, before the works start, to have a schedule of condition prepared of the relevant parts of the adjoining owner’s property which are near to the proposed works. This will be a record of the condition of the parts of the adjoining owner’s building adjacent to the works before the works start. Therefore it can be seen whether damage has occurred by the works covered by the award.
Final Inspection
On completion of the works covered by the award the surveyor(s) will inspect the adjoining owner’s property/land if it is considered that damage has been caused, they would refer to the schedule of condition carried out before the work started and will ascertain whether any damage appears to have been caused by the works covered by the award.
Remedial Work/Compensation
If any damage has been caused the surveyor(s) will agree what remedial action or compensation is required from the building owner.
Fees
The fees of the surveyor(s) will be paid by the building owner.
If the proposed work is of a straightforward and uncomplicated nature it is sensible for the building owner and the adjoining owner to discuss the possibility of agreeing to the appointment of an “agreed” surveyor (as option 2 above), thus reducing the building owner’s fee commitment.