Party wall award on the house we are buying

[SheWouldNever]

We’re buying a semi detached house. The adjoining neighbour is currently having a two storey extension and loft conversion. Work looked almost complete when we viewed next door. If it’s relevant, we will be planning to do a similar extension once planning permission granted, etc.

Our solicitor has sent through a copy of the party wall award. Looks like the sellers of the property we are buying disputed the work next door, so a party wall award had to be put in place using third party surveyors rather than a party wall agreement. We’ve read through the award and it all looks quite straight forward, with details of the current condition of the party wall on our seller’s side, and an agreement that any damages, if they occur, are paid for by next door.

But I’m wondering if there are any implications for us as buyers? Does the party wall award transfer to us once we move in, so we will be covered by it should we later find any damages have occurred to our house as a result of their building work? As the building work is not yet finished and signed off, damages could occur or be found once the current owners have sold to us, would we still be covered or would we need to get a new party wall award in our name? Has anyone had experience of party wall awards before?

Has your solicitor not given you a report on this? That is what you pay them for!

@PragmaticWench so far solicitor has just sent over a copy of the party wall award and said he’s asking a few questions to the seller’s solicitor regarding it. Of course, I have asked solicitor the same questions as I’ve asked above and am waiting on a response, just nice to get other people’s experiences too.

You can't get a new party wall agreement. It's something that must be issued before any building work starts. They are not retrospective at all.

Steve the Party Wall Surveyor here. Strictly speaking, the party wall award is personal and runs with the person and not the property. In practice the award (or at least the undertakings therein) can be assigned or transferred, sometimes the surveyors will be approached and may be able simply to reissue the award in revised names. But unless next door is doing something really complicated the risk of damage is probably low.

Remember, although the whole of the work is not complete if the notifiable works are finished (usually excavation for foundations, new building on the boundary and work on an existing party wall) then the party wall matters are concluded and you should ask the vendor to ask their surveyors to check the schedule and that no damage arose.

Thank you @stevenway1 Hopefully will be a simple case then of getting the award reissued in our names, or getting the surveyors to conclude their assessment before we exchange. All brickwork and foundations are done, looks like it's just internal work left to do.

@SheWouldNever how did this conclude? I have a similar situation. House probate and empty for a year, and dormer extension started without vendor’s engagement. Party wall issues only enquiries outstanding now. But based on @stevenway1 sounds like if exterior work done, nothing more can be agreed? Our surveyor said to ask for drawings to show they designed the drainage to not go on vendor’s roof. I’m wondering how much we can actually demand, when they could move onto next buyer who would have no idea how recent the extension is.

@AsbestosYayOrNay it will depend on what work has been done. dormer extension usually requires 2 or 3 steels into or on party wall and possibly raising the wall

I'm another one hating the changes. My watched threads have all lost my bookmarks and all the user names are highlighted in the same colour used for my own name (not that I post much ) I also have a load of threads that I watched then unwatched showing up in Watching again, including some that were deleted by MNHQ

Wrong thread